Wrongful Dismissal

When starting a new job, or a new role within the company you already work for, the last thing on your mind is the prospect of being dismissed from your position of employment. When dismissals do occur, they usually do so within the constraints of your employment contract and give no rise for concern or complaint. It may not always be the employee’s wish to have been dismissed from their role but this does not necessarily mean that they have cause for taking action against their employer. However, in some circumstances, employees can claim to have been wrongfully dismissed from their position of employment and may have grounds for seeking damages for the losses they have sustained as a result. This article looks at what amounts to wrongful dismissal, an example of how wrongful dismissal could take place, who you should talk to if you think you may have a claim for wrongful dismissal and what steps you should take if you wish to make a claim for damages.

Your contract of employment will clearly set out the terms upon which you may lawfully be dismissed from your position of employment. For example it may state that within your ‘probation period’ you can be dismissed from your role upon being given’s one month’s notice of your employer’s intention to dismiss you. Alternatively, your contract may state that if you do not meet certain targets or perform your role in accordance with the criteria set out, then you may be dismissed from your role. As long as your employer carries out your dismissal in accordance with the terms set out in your employment contract then you will not have cause to make a claim. However, if your employer decides to dismiss you from your role without adhering to the terms set out in your contract of employment then you may have grounds for making a claim for wrongful dismissal against your employer.

For example, if your employment contract states that you are to be given 3 months notice if your employment is to be terminated, and your employer actually decides that your employment should be terminated with immediate effect, then you may have grounds to make a claim for wrongful dismissal. If your claim is successful you may be awarded damages for any losses you have incurred which, in this instance, would be three months earnings.

If you think you may be about to be wrongfully dismissed you should firstly talk to your line manager or superior to ensure that there has not been a misunderstanding. You will both be able to set out and explain your understanding of matters and the issue may be able to be resolved in this way. In addition, if you are a member of a trade union you could speak to a union representative to obtain advice and guidance.

If you are not able to resolve matters internally then you may have no option but to proceed to an Employment Tribunal. In this case, you should speak to an expert employment lawyer who will be able to advise you on your chances of pursuing a successful claim, and they will be able to talk you through the steps that you need to take to prepare for an Employment Tribunal.

When faced with the prospect of being wrongfully dismissed you should act promptly and talk to your line manager, trade union representative and employment lawyer (if this becomes necessary) as soon as the issue arises.

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