Unfair and Wrongful Dismissal Claims and Advice

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.

Unfair Dismissal

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

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.


About Lovedays

Lovedays Solicitors, Potter and Co Solicitors and Andrew Macbeth Cash and Co Solicitors are the trading names of Derbyshire Legal Services Limited (Company Registration Number 08838592) whose registered office is at Lovedays Solicitors, Crown Chambers, 6 Bank Road, Matlock, Derbyshire, DE4 3AQ.

The Directors of Derbyshire Legal Services Limited are C.D.Gale and R.LL.Roberts. Our Notary Public, M.C. Handforth is regulated by the Faculty Office of the Archbishop of Canterbury. The Company is otherwise authorised and regulated by the Solicitors Regulation Authority whose rules can be accessed at www.sra.org.uk

Contact
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  • Crown Chambers
    6 Bank Road
    Matlock
    Derbyshire
    DE4 3AQ

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