If you have been wrongfully dismissed from your job and believe that your employer may be in breach of your employment contract, it is important that you seek expert legal advice straight away. Wrongful dismissal includes failing to pay you your notice pay or allow you to work out your notice entitlement.
These types of disputes can often be challenging and success will depend on having an experienced team of Solicitors and Barristers by your side.
We can also assist with representation at an Employment Tribunal or advise you on the negotiation and terms of a Settlement Agreement.
Initial Telephone Discussion
We believe that preparation is the best cure for prevention, therefore taking advice before dismissing an employee is well worth the fees. There may be very good reasons for a summary or immediate dismissal (for example violence in the workplace, fraud) but you need to follow a fair process and you may wish to minimise any risks of a claim by getting advice beforehand.
Seeking legal advice early on when you need to dismiss an employee is also essential in helping to avoid Wrongful Dismissal claims and unfair dismissal claims.
By having well-drafted contracts in place, itemising areas of gross misconduct specific to your business and sector, you are helping to reduce the opportunity for a dispute further down the line, saving you both time and money. The same can be said for a bespoke disciplinary policy and procedure.
Our Employment Solicitors and Barristers can assist with all of the above and also advise effectively on the cost-benefit analysis of defending a claim or offering a Settlement Agreement should the need arise.
A Wrongful Dismissal occurs when your employer breaks the terms of your contract whilst dismissing you. In comparison, Unfair Dismissal occurs when your statutory rights have been affected.
If you wish to pursue a Wrongful Dismissal claim you must be able to legally demonstrate two things:
- that your dismissal was in breach of contract
- you have suffered loss as a result
Most Wrongful Dismissal claims arise because an employee is terminated without notice or with less notice than what is outlined in their original employment contract.
An employee is entitled to the notice period that is specified within their employment contract. However, this cannot be less than the amount set out in the law. The law requires notice of 1 week for every year worked up to a maximum of 12 weeks.
If you believe that your employer has dismissed you wrongfully, then we recommend that you seek legal advice straight away as there are strict time limits associated with your claim.
Our team are on hand to review the situation and see if you see have valid ground to make a claim.
Time limit to pursue a claim
If you wish for your claim to be heard at an Employment Tribunal, you will only have 3 months from the date of your termination. However, if you wish to take your claim to the county or high court, you will have up to six years but this is more costly.
Tribunal and court proceedings can be costly and time-consuming for both parties involved. We always attempt to avoid court where necessary, choosing to focus on alternative dispute resolution methods or conciliation and negotiation that can resolve matters quickly and cost-effectively.
We have vast experience in helping to draft and advise on Settlement Agreements including for senior executives, directors and CEOs. If you are an employee and you sign a Settlement Agreement, you will be agreeing to waive your claim for Wrongful Dismissal in an Employment Tribunal; therefore, it is essential to seek independent legal advice. It is also a requirement of a valid settlement agreement that you seek independent legal advice on its terms.
Where possible we will offer a fixed fee, so you will know what the costs are from the start. For more complex or uncertain projects, we will provide you with an estimate of the likely fees involved and keep you updated throughout the matter.
How to get in contact
Our Employment Law Solicitors are on hand to provide expert advice and assist you wherever you are based. Please call us for a no-obligation, initial discussion on 01256 460830 or email [email protected].
Our offices are based in Basingstoke and we assist clients across the country.
We aim to keep legal jargon to a minimum and guide you through the process in a manner that is easy to understand.
Our highly-skilled solicitors offer tailored, strategic solutions to even the most complex matters, ensuring you receive the guidance and support you need.
We will be by your side throughout every stage of the process and will provide you with regular updates and advice along the way.
We communicate thoroughly with you from the outset to ensure that we fully understand your individual needs. This allows us to accurately quote for your matter leaving you without any unexpected surprises and fees further down the line.
We provide our clients with a concise and transparent breakdown of costs from the outset of the matter and throughout any subsequent stages. This enables you to build faith and trust in us early on to form a lasting relationship.
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