Wrongful dismissal, sometimes called wrongful termination, refers to when an employer fires an employee without fair reasoning. This workplace issue is more common than you might think, and it’s something that employment lawyers like those at HKM deal with on a regular basis.
There are many reasons for fair dismissal, such as if an employee commits fraud or theft in the workplace. However, there are times when an employer terminates an employee’s contract due to personal disputes, racism, sexism, or other discriminatory factors. Wrongful dismissal could also be the case if an employer fails to honour an employee’s notice period.
If you’ve recently been dismissed by your employer and they’re refusing to provide a valid reason for their decision, there are a few steps you should take. We’ve discussed these steps below so you can take action immediately.
Speak to Your Employer
Before you take legal action against your employer, it’s best to speak to them one-on-one to gain more insight into their decision. In many cases, wrongful dismissals turn out to be due to a misunderstanding, and this may be the case for you.
Request a face-to-face meeting with your employer to ask and clarify why they fired you. By the end of the meeting, the two of you might have resolved the issue, and you could have your job back.
If you failed to come to an agreement with your employer and they still haven’t provided justification for firing you after your meeting, it’s time to start collecting evidence. You can use this evidence if you decide to claim against your employer for wrongful dismissal.
Collect as much evidence as possible, including notes from your one-to-one meeting with your employer. The things your employer said during the meeting could be held against them or used in evidence to display their unfair treatment towards you or breach of Employment Litigation Section (ELS).
Contact the Employment Tribunal
The employment tribunal is there to protect you in the event of wrongful termination. When you contact the employment tribunal to explain your case and see how they can help you, they will likely ask for a copy of your employment contract and any evidence you’ve collected to prove wrongful dismissal.
You can make an unfair dismissal claim via employment; you need to have worked for your employer for at least two years. Once your claim has been made, the employment tribunal will liaise with your employer to ensure a favourable and fair resolution.
Contact an Employer Lawyer or Wrongful Termination Lawyer
If speaking to your employer and contacting the employment tribunal have been unsuccessful, you may need to contact a trusted law firm to hire an employment lawyer or wrongful termination lawyer. An expert lawyer can work with you to create a case against your employer and make a legal claim for compensation.
Your lawyer can represent you in court to increase your chance of gaining compensation and maximise your payout. They will do everything within their power to ensure you gain justice for your wrongful dismissal and minimise any associated financial strain.