When you work for an employer, there are various protections afforded to you through employment laws. This legislation is quite far-reaching to ensure employers do not take advantage of their workforce through things like wrongful dismissal. In this article, we will take an in-depth look at wrongful dismissal claims to help you know what to look for and how to respond in cases of being wrongfully dismissed by an employer.
If you believe that you have been wrongfully dismissed, then our team at Elite Law Solicitors are here to help you understand your rights and guide you through the appropriate legal processes. Simply book an initial consultation with one of our experienced Employment Lawyers by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.
What is Wrongful Dismissal?
Wrongful dismissal occurs when an employer terminates an employee’s contract in violation of the terms specified in the contract itself. Unlike unfair dismissal, which is a statutory claim dealing with the fairness of the dismissal reason, wrongful dismissal is purely a contractual issue. This means that if your employer has failed to adhere to the contractual notice period or has dismissed you without following the process outlined in your contract, you might have a wrongful dismissal claim.
What is the difference between Wrongful Dismissal and Unfair Dismissal?
Understanding the distinctions between wrongful dismissal and unfair dismissal is important for employees and employers alike to navigate employment disputes effectively. Each of these dismissal carries specific legal definitions and implications:
Wrongful Dismissal
Wrongful dismissal occurs when an employer breaches the employment contract during the dismissal process, such as failing to provide proper notice or violating specific contractual terms.
Unfair Dismissal
Unfair dismissal refers to a scenario where an employee is dismissed from their job in a way that does not comply with statutory procedures or is for a reason not legally recognised as fair by employment law.
Common examples of Wrongful Dismissal
Wrongful dismissal arises when an employer terminates an employee’s contract in violation of the stipulations outlined in the contract itself. This breach typically occurs in scenarios where the employer fails to observe the contractually agreed notice period or when the dismissal procedure stipulated in the contract is not followed.
It is important to distinguish wrongful dismissal from unfair dismissal, which is a statutory claim that considers whether the reason for dismissal was fair and whether the employer acted reasonably in dismissing the employee.
Key features of wrongful dismissal
One of the easiest ways to identify cases of wrongful dismissal is to look out for some key features found in these scenarios. So, if you have experienced any of the following, it is quite likely that your experience constitutes a wrongful dismissal:
- Contractual breach: The essence of a wrongful dismissal claim lies in a breach of the employment contract. This could be ignoring the written terms regarding notice periods or any other specific procedural requirements that were agreed upon at the onset of employment.
- Notice periods: Often, wrongful dismissals involve the employer not providing the correct length of notice as required by the contract. Employees are usually entitled to either the notice period set out in their contract or the statutory minimum notice period, whichever is longer.
- Disciplinary procedures: If an employer has specific disciplinary procedures outlined in the contract, they must adhere to these procedures before terminating employment. Failure to do so can be deemed a wrongful dismissal.
How to make a Wrongful Dismissal Claim
If you believe that you have experienced a wrongful dismissal, then you can seek redress through a wrongful dismissal claim. This might feel like an arduous process, but with our help at Elite Law Solicitors, every step is simple and easy to follow. The steps for bringing a wrongful dismissal claim are as follows:
Step 1: Review of employment contract
The first and perhaps most important step is to review your employment contract. This document contains the terms and conditions of your employment, including notice periods and disciplinary procedures that your employer must follow. Identifying any discrepancies between what is stipulated in the contract and how your dismissal was handled is key for establishing the basis of your claim.
Step 2: Gathering evidence
Once you have established a potential breach, gather all pertinent documents and communications related to your employment and dismissal. This includes your employment contract and any emails, letters, or messages between you and your employer. Additional evidence may include payslips, a copy of the employee handbook, and records of any disciplinary actions. This evidence will support your claim by demonstrating how the terms of your contract were breached.
Step 3: Seek legal advice
Consulting with an employment lawyer, like one of our team at Elite Law Solicitors, is highly recommended. Employment law can be complex, and having a professional who understands the legal intricacies can make a significant difference in your case. Our team can evaluate the strength of your claim, guide you through the process, and represent you in negotiations or court proceedings.
Step 4: Early conciliation
Before you can proceed to an Employment Tribunal, you are typically required to go through early conciliation with the Advisory, Conciliation and Arbitration Service (Acas). Early conciliation aims to resolve disputes without the need for a tribunal hearing. Acas can help mediate between you and your employer and potentially reach an agreement.
Step 5: Submit a claim
If early conciliation does not resolve the dispute, the next step is to formally submit a claim to an Employment Tribunal. This involves filling out a detailed claim form (ET1), which asks for information about both you and your employer, the nature of your claim, and the outcomes you are seeking.
Step 6: Tribunal process
After your claim is submitted, the Employment Tribunal will review the details and set a date for a hearing. During this hearing, both parties will have the opportunity to present their case. This includes submitting evidence, calling witnesses, and making legal arguments. It is important to prepare thoroughly for this stage, as the outcome will depend heavily on the persuasiveness of the presented evidence and arguments.
Step 7: Decision
Following the hearing, the Tribunal will deliberate and issue a decision. If the decision is in your favour, the Tribunal will also provide details on the compensation you are entitled to or other orders it deems appropriate.
How long do Wrongful Dismissal Claims take?
The duration of a wrongful dismissal claim will depend on several case-specific factors, including the complexity of the claim, the availability of the Employment Tribunal, and whether the claim is settled before reaching the tribunal. Below, we have outlined what influences these timelines and what claimants might expect:
- Complexity of the case: The more complex the claim, such as those involving intricate contractual disputes or multiple breaches, the longer it might take to gather evidence and present a compelling case.
- Volume of evidence: Cases with a substantial amount of evidence, witnesses, and detailed legal arguments require more time for both preparation and hearing.
- Response from the employer: The duration can also depend on how quickly and cooperatively the employer responds to the claim. If the employer contests the allegations, this can lead to a more prolonged dispute.
- Availability of tribunal dates: Delays in the tribunal system itself can extend the process. The availability of hearing dates can be influenced by the backlog of cases waiting to be heard, which varies regionally.
On average, wrongful dismissal claims can take anywhere from six months to over a year from the initiation of the claim to the final decision. Claimants need to prepare for this timeline both emotionally and financially.
Compensation for Wrongful Dismissal Claims
Calculating the potential compensation in a wrongful dismissal claim can be quite complicated, but it can help you gauge your expectations and give you a better idea about how to proceed.
Compensation primarily aims to place you in the financial position you would have been if the contract had not been breached by your employer. To help with this, we have provided a detailed overview of how compensation is typically calculated and what factors may influence the amount you receive:
- Lost wages: The bulk of compensation in wrongful dismissal cases is the recovery of lost wages. This includes the salary you would have earned during the notice period that your employer failed to provide. For example, if your contract required a three-month notice period and you were dismissed immediately without notice, your claim would likely include three months of salary.
- Lost benefits: In addition to salary, compensation can include the value of lost benefits for the notice period. This might encompass bonuses, pension contributions, health insurance, or any other perks associated with your employment. Quantifying these benefits often requires detailed calculations to accurately reflect their value.
- Accrued holiday pay: If you had accrued holiday time that you would have been paid for during your notice period or if you were dismissed without being paid for accrued holiday, this could also be included in your compensation.
- Loss of future earnings: Although less common in straightforward wrongful dismissal claims, if you can demonstrate that the dismissal has adversely affected your future earning potential, this may also be factored into the compensation.
Frequently Asked Questions on Wrongful Dismissal
Employees considering wrongful dismissal often have questions about their legal rights, notice periods, and potential compensation. The following FAQs provide some additional general information about wrongful dismissal under UK employment law.
What outcome should I expect in a Wrongful Dismissal Claim?
When undertaking a wrongful dismissal claim, it is helpful to have a clear understanding of the potential outcomes. These outcomes will largely depend on the specifics of the case and what you, as the claimant, are seeking as a remedy. Below is an in-depth look at the typical results you might expect from a wrongful dismissal claim:
Compensation
The most common outcome in wrongful dismissal claims is financial compensation. This is intended to make up for the losses the employee suffered due to the employer’s breach of the employment contract, primarily focusing on lost wages and benefits for the period the employee should have been employed had the proper notice been given.
Calculating compensation
Compensation in wrongful dismissal claims is decided by the Tribunal upon hearing your case. They will take into account several factors to calculate your compensation, such as:
- Lost wages: Compensation for the salary you would have earned during the notice period that you were not given.
- Lost benefits: This can include things like pension contributions, health insurance, car allowance, or any other benefits you would have received during the notice period.
- Damages for loss of future earnings: In more complex cases, if it can be proven that the wrongful dismissal has impacted your ability to earn future income, compensation might also include future earnings losses.
Do I need to instruct an employment lawyer for a Wrongful Dismissal Claim?
When facing a wrongful dismissal, one of the biggest decisions you will make is whether to hire an employment solicitor. While it is possible to take on this process on your own, there are several compelling reasons why instructing an employment lawyer can be beneficial.
Legal expertise and guidance
Employment law can be intricate and challenging to work through as a layman. An employment lawyer, such as one of our team at Elite Law Solicitors, brings essential legal expertise and can interpret the complex language of employment contracts and statutory provisions.
With our help and guidance, we can assess the validity of your claim, guide you through the legal process, and help you understand your rights and obligations under the law. This guidance is invaluable in ensuring that you make informed decisions throughout your case.
Case preparation and management
A wrongful dismissal claim involves several stages, from filing the necessary paperwork to presenting your case in a tribunal or court. Our employment solicitors are skilled in preparing and managing legal cases, including gathering and organising evidence, drafting legal documents, and preparing witness statements. Our team’s experience in this area of the law can significantly enhance the coherence and persuasiveness of your case.
Negotiation skills
Many wrongful dismissal cases are settled out of court through negotiations. Our employment solicitors at Elite Law Solicitors have the negotiation skills needed to argue effectively on your behalf and secure the best possible settlement. They understand how to leverage the facts of your case to enhance your position in negotiations. In essence, by having us in your corner, you can yield the greatest compensation from your case.
Representation at hearings
If your case goes to a tribunal or court, having an employment solicitor to represent you can make a substantial difference. We will present your case professionally, cross-examine witnesses, and argue on your behalf, ensuring that your side of the story is compellingly told. This representation is important, especially when facing an employer who likely has legal representation.
Mitigating risks
Legal proceedings can be risky, and mistakes can be costly. Our employment solicitors help mitigate these risks by ensuring that all filings are correct, deadlines are met, and procedural rules are followed. This oversight helps prevent technicalities from undermining your case.
Emotional support
Facing a wrongful dismissal can be stressful and emotionally draining. We act as both your legal representative and also as a source of support throughout the process. We can help ease the stress by handling the complexities of the case and allowing you to focus on your personal well-being and career.
How are Wrongful Dismissal Claims funded?
When it comes to funding a wrongful dismissal claim, you have a few different options available. By understanding your options here, you can make the right choice about how to proceed with legal action against your employer. Different funding mechanisms can help manage the costs associated with these claims, making legal advice and representation more accessible. Some of the common ways wrongful dismissal claims can be funded include:
Self-funding
One straightforward option is self-funding, where you pay for legal services out of pocket. This method is direct but requires having the financial resources to cover all associated costs, including solicitor fees, court fees, and potentially, the cost of expert witnesses. While self-funding gives you complete control over the proceedings, it is important to be aware of the potential for significant expenses, especially if the case is complex or prolonged.
Legal expense insurance
Many individuals have legal expense insurance without even realising it, as it can often be included as part of home or car insurance policies or available through trade unions or professional associations. This insurance typically covers legal costs up to a specified limit. It is important to check the terms of your policy to understand what is covered and whether there are any restrictions or requirements, such as using a solicitor approved by the insurer.
No win, no fee agreements
No win, no fee agreements, are a potential option for funding wrongful dismissal claims although it will depend on the specific circumstances of your case whether you may be eligible for this.
How we can help with Wrongful Dismissal Claims
Philip Luff is an experienced employer solicitor at Elite Law Solicitors. He qualified as a solicitor in 2010 after completing his Legal Practice Course at the College of Law in London. Since qualification, Philip has been specialising in employment law and helps both employees and employers resolve their workplace issues.
Philip can guide you through every step of your wrongful dismissal claim. From initial advice on the strength of your case to robust representation at the tribunal, he will ensure that your rights are protected and that you receive the compensation you deserve. Philip can provide you a wealth of legal guidance and support, such as:
- Tailored legal advice and guidance.
- Comprehensive case preparation and analysis.
- Skilled negotiation and representation.
- A tailored service with flexible funding options.
If you are looking for specialist legal advice and assistance in relation to a wrongful dismissal claim, we are here to help. Contact us today to discuss how we can assist you with your wrongful dismissal claim and ensure your employment rights are upheld. Simply call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified employment solicitors such as those within our firm.
