Wrongful termination is serious business, especially if you’ve been on the receiving end of such a process. You may have been let go unexpectedly, or the circumstances could have been unique to your situation, but regardless, if your termination was conducted wrongfully, your employer may have a lot to answer for. Within this blog post, let DJP Solicitors take you through some of the conditions rendering an employee termination as wrongful, exploring the legal options available to individuals, as well as the potential repercussions for employers.
The Basics
In the most basic terms, wrongful dismissal (or wrongful termination) occurs when an employer terminates a contract of employment in an unlawful manner - therefore breaching it. Within most contracts, there are terms allowing for it to be terminated in an organised and lawful manner.
Employers have most likely acted legally if they have given an employee the period of notice specified in the contract, let them go upon expiry of an agreed fixed term or allowed them to leave upon completion of the purpose of the contract. In some instances though, individuals are let go with little to no reason given, or even released with reasons stated that are not legally binding.
Circumstances
It is important to realise before proceeding with legal assistance that not all instances of contract termination are unlawful. Many examples of termination are due to individual performance or acting in a manner deemed against company policies and procedures. If you aren’t completely sure of the circumstances, DJP Solicitors can make sense of legal terminology and intricacies.
Continuing misconduct will eventually result in a dismissal on grounds of misconduct for example, and if the employer has sufficient evidence, this may be difficult to contest. Similarly, very serious conduct issues, such as theft, or discriminatory behaviour are regarded as gross misconduct. Performance-related issues are another reason for dismissal - while a redundancy is of course in many instances unavoidable.
Possible Processes
If yourself and your assigned employment lawyers believe you have grounds to contest a termination, there are several options to consider. You could try appealing under your employer's dismissal or disciplinary procedures or make an appeal to an industrial tribunal.
In most cases, before making a formal complaint for unfair dismissal, we recommend you try and resolve the reasons for your dismissal with your employer first. If there’s room to negotiate with the employer in question, compromise agreements are sometimes agreed between both parties, though legal advice should be sought beforehand.
Regardless of what your employment-related issue is, our employment lawyers at DJP Solicitors can help. Whether you’ve experienced unfair dismissal, workplace discrimination, wrongful termination, or anything in between, you’ll benefit from more than 15 years of experience. Contact today and make the most of leading local professionals.
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