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Wrongful Dismissal Claims
If you believe you have been the victim of an employer unlawfully breaching your contract and wrongfully dismissing you, you should seek assistance from a team of expert solicitors.
At JMW, our specialists have years of experience defending the rights of employees who have been the subject of wrongful dismissal, helping them achieve compensation and justice for what is often a very distressing experience.
Wrongful dismissal is the name given to a situation where an employee’s contract is terminated by an employer who is in breach of their contractual obligations. Common examples of wrongful dismissal include
- No notice or inadequate notice - unless gross misconduct is the reason for dismissal
- Terminating a fixed-term contract before its expiry date
- Making a dismissal in breach of:
- Contractual disciplinary procedures
- Contractual redundancy procedure
Your notice period is usually stipulated in the Contract of Employment, but if there is no contract, it is not mentioned or it is less than the statutory amount, then the statutory amount will be taken into consideration. Notice periods should be:
- For less than a month’s service - no notice necessary
- For more than one month and up to two years’ service - one week
- For two years’ service - two weeks
- For every year after two years - add one week per year up to a maximum of 12 weeks
In some cases, you may receive more than the statutory period in compensation. For example, if it’s the norm to give a month’s notice for two years’ service then compensation may be awarded for that amount.
To make a claim, it must be proven that:
- You were dismissed in breach of contract or with a notice period less than the statutory amount
- You have suffered a loss as a result of the dismissal
The law stipulates that employees can now claim for loss of a discretionary bonus during the period damages are claimed. To claim for a bonus, you must submit an application to the Tribunal within three months of the dismissal.
An employer can justify a wrongful dismissal if you have committed a serious breach of contract, for example, theft or gross misconduct.
The experts here at JMW will be able to tell you whether your case constitutes a wrongful dismissal and why, and then discuss with you all the options you have from that point. Our specialist solicitors are here to offer you the initial legal advice you need to decide whether you should take the case further.
If you do, we’ll work with you every step of the way to achieve the most favourable result for you.