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 that 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.
Lovedays Solicitors, Potter and Co Solicitors and Andrew Macbeth Cash and Co Solicitors are the trading names of Derbyshire Legal Services Limited which is a company registered in England and Wales under company number 08838592. Registered office Crown Chambers, 6 Bank Road, Matlock, Derbyshire, DE4 3AQ.
Authorised and Regulated by the Solicitors Regulation Authority under SRA ID number 637916.