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How To Sue For
Wrongful Dismissal

In most cases of employees or workers being dismissed from their position of employment, dismissal by the employer takes place in accordance with the terms and conditions of the employment contract and gives no cause for concern or grounds for complaint. However, there are cases where the way in which an employee or worker is dismissed from their role is performed contrary to the terms and conditions set out in the contract of employment. As a result, the person being dismissed may find that they have a claim for constructive or wrongful dismissal. Constructive dismissal is where the employee or worker feels that they have been left with no choice but to hand in their resignation (perhaps because of unachievable targets or consistent bullying in the workplace). However, this article looks at wrongful dismissal - what it is, an example of how it could be carried out, who you should talk to if you think you may have been wrongfully dismissed and what steps to take if you wish to sue for wrongful dismissal.

Wrongful dismissal occurs where an employer or worker is dismissed from their position of employment without the employer complying with the terms of dismissal set out in the contract of employment. Your employment contract will set out the terms under which you may be dismissed from your role and will stipulate how much notice you must be given before being terminated from your role. This may, for example, be one week's notice during the first three months of your employment (often referred to as a 'probation period') and may increase to one month's notice thereafter. In addition, your contract may stipulate the way in which you should be notified of your employer's intention to dismiss you. If your contract says that you should be informed in writing, then being verbally informed that you are to be dismissed may give rise to a claim and you may be able to sue for wrongful dismissal.

An example of where wrongful dismissal may occur is if you are not given the proper notice that you are being dismissed. If you have just completed your probation period and have moved into the period of your employment which, according to your contract of employment, requires that you are given one month's notice but your employer informs you that you are to be dismissed immediately, then you may be able to sue for wrongful dismissal.

If you think you may have been wrongfully dismissed and have not been able to resolve matters by speaking to your employers you may be thinking about suing for wrongful dismissal. If you are a member of a trade union you could speak to a union representative about your chances of pursuing a successful claim. Alternatively, you could contact an expert employment lawyer who will be able to advice you on your chances of pursuing a successful claim and guide you through the process of doing so.

If you are considering suing for wrongful dismissal call 1stClaims today on 0800 288 693 for a free, no obligation consultation with one of our expert employment solicitors.

Please call us free on 0800 2888 693 or complete your details on the right hand side of this page.

Remember, it costs nothing to call us or complete an enquiry when you can find out whether you are entitled to make a redundancy claim, and be presented with a range of funding options. You can then decide whether you wish to proceed so you have nothing to risk by calling us.


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