(Newswire.net — July 7, 2021) — If you feel that you have been wrongfully dismissed by your employer, you likely feel frustrated and worried. In cases like this, you may be able to make an appeal under your employer’s dismissal and disciplinary procedures, or via Industrial Tribunal.
What is Wrongful Dismissal?
Wrongful or unfair dismissal refers to unjustified dismissal. Unlike an unfair dismissal claim, a wrongful dismissal claim looks at whether or not a breach of contract occurred.
For a dismissal to be labeled as wrongful, it must breach the employee’s contract and it is based on factual evidence of what happened. Often, it comes down to problems with an employee’s notice period or notice pay. Examples of wrongful dismissal include termination before a contract is due to end or dismissal without notice or legitimate reason. Discrimination is also included in wrongful termination, whether that is due to age, race, gender, religion, ethnic minority, disability, or sexual orientation.
Steps to Take
Here are key steps to take if you think you’ve been wrongfully dismissed from your job.
It doesn’t matter how long you’ve worked for your employer when it comes to making a wrongful dismissal claim. It could be two months or ten years. When you’ve been wrongfully dismissed, find the best wrongful termination lawyer in your area to help guide you through the process of making a claim.
1 Try Resolving the Problem with Your Employer
The wrongful dismissal may have occurred because of a misunderstanding. Before making a formal complaint or making a claim for wrongful dismissal, you should first talk to your employer. Ask them their reasoning for the dismissal and see if you can figure something out before taking it any further.
Make sure you take note of the conversations you’ve had with your employer, whether they are verbal or written.
2 Go to an Industrial Tribunal
Going to the Industrial Tribunal is not free of charge, but it may be necessary if you can’t figure things out with your employer. Usually, you need to make your claim within three months of being dismissed. The Tribunal needs to know when you started working for your employer when you stopped working for them if there were any gaps in your employment and the reason for these gaps.
Once the Industrial Tribunal has assessed your claim, you will be given a verdict. If you’re successful, you will either be given your compensation or be offered your job back. In this case, your employer becomes liable for the damages and losses that you’ve experienced due to the breach of the employment contract.
3 Get Your Compensation
The amount of compensation you gain depends on the nature of your claim and your previous salary. If the Tribunal feels that you were partly to blame for the dismissal, your compensation may get reduced. The compensation aims to cover the finances you would gain if you had not been dismissed. Although you do gain compensation, you are expected to look for further work or apply for benefits.