Wrongful or Unfair Dismissal – 9 Steps to Take

Being dismissed from your job can be a stressful experience, especially if you believe you were dismissed unfairly. In the UK, there are specific steps you can take to address wrongful dismissal and protect your rights. Here’s a  step by step guide on what to do if you find yourself in this situation.

1.Understand the Difference Between Wrongful and Unfair Dismissal

• Wrongful Dismissal happens when an employer breaches the terms of the employment contract. For example, if you were dismissed without the required notice period outlined in your contract.
• Unfair Dismissal refers to the fairness of the dismissal process and reasoning. If you believe your dismissal wasn’t handled fairly or the reason was undeserved, this may fall under unfair dismissal.

2.Review Your Employment Contract

• Carefully review your employment contract and any related documents, especially the clauses regarding termination, notice periods, and the reasons your employer can lawfully terminate your employment. This can help determine if your dismissal was indeed a breach of contract.

3.Request a Written Explanation

• Employers are legally required to provide a written statement if you request one and have been employed for at least two years. This can be crucial for understanding the grounds for your dismissal and can be important evidence if you decide to challenge it.

4.Gather Evidence

• Gather any evidence that supports your claim. This could include emails, messages, performance reviews, witness statements, or any documents that contradicts the reasons given for your dismissal. Keep a detailed record of all communications with your employer regarding your dismissal.

5.Raise a Grievance with your Employer

• Consider raising a grievance with your employer before taking legal action. This can allow you to outline your concerns and give your employer an opportunity to resolve the issue amicably. Ensure that you follow your company’s grievance procedure.

6.Seek Legal Advice

• Consult with an employment solicitor to get professional advice on your situation. A solicitor can help you understand your rights, can assess your case, and guide you on the best course of action.

7.Consider Mediation or Conciliation

• The Advisory, Conciliation and Arbitration Service (Acas) offers a free service called Early Conciliation, which helps resolve disputes between employees and employers without the need for a tribunal. This can help save time and reduce legal costs.

8.File a Complaint with an Employment Tribunal

• If you’re unable to resolve the dispute through mediation or direct negotiation, you might need to file a claim with an employment tribunal. You must file your claim within three months (minus one day) from the date of your dismissal. The tribunal will review your case and, if you win, you could be awarded compensation for loss of earnings and other damages.

9.Know Your Rights and Options

• You have the right to challenge a dismissal if you believe it was wrongful or unfair. Even if the outcome isn’t what you hoped for, going through the proper processes ensures your case is heard and your rights are upheld.

Facing wrongful dismissal can be discouraging, but by following these steps and seeking the right legal advice, you can navigate the process more effectively. If you believe you have been wrongfully dismissed, acting promptly and ensuring you understand your legal rights is crucial. That’s where we can help!

Please contact our Employment Solicitor Ilinca Mardarescu (imardarescu@astonbond.co.uk) to make an appointment, should you require any assistance.