Pursuing unfair & wrongful dismissal claims
We would always advise if in doubt speak to us first. We offer a fixed fee initial interview no matter how long it takes to advise you of the best course of action.
It can be a very difficult time when you are having issues with your employment however handing in your notice may not be the best course of action. If you do hand in your notice, then you can lose the right to bring claims could have brought.
If you have been dismissed, you only have a short timescale to act and therefore you must seek legal advice as soon as possible.
The law states that it is always unfair to be dismissed in certain circumstances. These may be
- are pregnant or on maternity leave
- have asked for your legal rights at work, eg to be paid minimum wage
- took action about a health and safety issue
- work in a shop or a betting shop and refused to work on a Sunday
- are a trade union member and took part in trade union activities including official industrial action or you were acting as an employee representative
- have reported your employer for wrongdoing, which is called whistleblowing
- you have been discriminated against.
To claim unfair dismissal, you must have been an employee, have been dismissed and also worked there for a period of at least 2 years.
Wrongful dismissal is a dismissal in breach of contract. If you are successful, then you are entitled to all of the benefits that you would have received if you remained employed until the end of your notice period or the end of the fixed term.
This may be granted on the basis that your employer failed to follow the contractual disciplinary or dismissal procedure, loss of chance to remained employed or loss of change to claim unfair dismissal.
If you would like to find out the likely costs for bringing a tribunal claim, then please click here for more details.
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