Challenge wrongful dismissal
In employment law, wrongful dismissal, sometimes called wrongful dismissal or wrongful termination, is an instance in which the employment contract of an employee is terminated by the employer, either because of an intent to contravene a law or statute, or where the termination contravenes any term or rule of employment. A person can institute a case of wrongful dismissal through an employment tribunal, the Employment Tribunal or the National Employment Rights Commission (NEC). He can also bring a case to an employment court, if the circumstances warrant such a move. Disregard of the formalities, an employee can always approach an employment solicitor or any other person having an interest in the subject for advice on how to proceed.
An employee may have a case when he is dismissed unfairly due to a breach in the terms and conditions of his employment contract. Under UK law, an employer is obliged to inform the employee of any term or rule that may have contravened it, and must ensure that this is done within a reasonable time. If the employee does not know that a rule is being contravened, he can take action under the UK contract law to get it remedied. For example, if an employee is employed on a very long term, and is given a notice period of up to three months, within which he would be entitled to a new contract, and if after the notice period he then finds that his contract has been contravened, he can make a case for wrongful dismissal.
If the employer does not abide by the terms and conditions laid down and does not make the required announcement, then the employee has a right to make a claim for wrongful dismissal. This claim can include damages for the lost wages, emotional stress, out-of-pocket expenses and medical expenses. The Employment Tribunal will determine the amount of compensation to be paid, after taking into consideration all relevant factors, including whether the breach of contract was serious enough to affect the employee’s normal working pattern.
How to Challenge wrongful dismissal
The most common situation where an employee faces the threat of being unfairly dismissed is during a recession. In such a scenario, most industries are likely to experience a decline in sales, and in order to counter the situation many employers will try to dismiss employees, even in cases where they are legally entitled to continue working. In addition, the number of claims brought against an employer due to wrongful dismissal has also risen over recent years. This has made it increasingly difficult for employers to defend themselves when faced with such claims.
Under normal circumstances, employers are supposed to consult legal experts to weigh up the legitimacy of a particular claim, before they make any decision on whether to proceed with it. However, in many instances the legal industry is saturated with cases of employee-driven litigation, and it can be difficult for those without legal knowledge to determine whether the complaint has any chance of success in court. This is where a victim of wrongful dismissal can take his/her case to court. If successful, the courts are likely to award compensation to the aggrieved person because of the employer’s inability to properly handle their employment responsibilities. Commonly referred to as ‘contributory negligence’, wrongful dismissal claims often seek damages for lost wages, medical expenses, loss of enjoyment in work, and so on.
One important thing to note is that in the UK, unlike the US, it is very common for an employee to be notified of their impending wrongful dismissal before being dismissed. In fact, in the vast majority of cases employers only give warning about their intention to dismiss employees prior to terminating them, and then refuse to give them notice of their decision in the few days following. If you think that you have been a victim of wrongful dismissal, you should talk to a personal injury lawyer who can help you determine if your case has any chance of success.