Wrongful Termination Lawyers
In dismissing an employee, an employer must have a potentially fair reason for doing so and follow a fair dismissal procedure. These are the potentially fair reasons for dismissal:
- Conduct e.g. theft, insubordination
- Capability e.g. failure to perform to the required standard or ill health
- Redundancy i.e. where your employer no longer requires you to do your job
- Some other substantial reason e.g. unreasonable refusal to accept contract changes or, a breakdown in relationship
- Statutory illegality (where it is illegal to employ) e.g. you do not have permission to work in this country
If your employer does not have sufficient reason to dismiss you and/or has not followed a fair procedure you may have a claim for unfair dismissal. Should your employer also unreasonably fail to comply with the Acas Code of Practice on Disciplinary and Grievance Proceedings you will be entitled to an uplift of up to 25% on your tribunal award. However, if you unreasonably fail to comply with the Code of Practice then any tribunal award may be reduced by up to 25%. You may also have a claim of unlawful discrimination or for breach of contract.
Generally, you must have two years’ service to file an unfair dismissal claim at an employment tribunal; although in some situations, where you are dismissed for a proscribed reason e.g. for a reason connected with pregnancy or health and safety, there is no service period requirement.
Our wrongful termination solicitors can advise you on the merits of an employment tribunal claim and the potential award you could receive. We can also act for you in any tribunal proceedings and negotiate settlement terms with your employer.
The deadlines for filing your claims are short so you should not delay in seeking advice on your claims.
Please contact a member of our team if you would like any further information.
Chambers and PartnersThe team is incredibly user friendly, pragmatic and supportive in its approach
