The end of your employment is naturally going to be a difficult time even under the best of circumstances. It is hard leaving a place of work and colleagues and friends that you may have worked with for a number of years. It is even harder when you are faced with leaving under difficult or disputed circumstances.
Generally speaking, employment claims break down into two main areas:
- Wrongful Dismissal
A wrongful dismissal claim is a claim based on your contract of employment. This will usually be a claim for notice pay and other entitlements that you have in your contract of employment because you have not been dismissed in accordance with the terms of your employment contract. A wrongful dismissal claim can be brought in either the County Court or an Employment Tribunal.
- Unfair Dismissal
An unfair dismissal claim is a claim due to your Employer breaching your Statutory rights – these are the rights that you have been given by law whether or not they are expressly stated in your contract of employment. Examples of your Statutory rights include your right not to be discriminated against by your Employer for reason of disability and gender. In unfair dismissal claims the Employment Tribunal decides if your dismissal was unfair.
Even if your dismissal was for a potentially fair reason, for example, redundancy, it may still be deemed by an Employment Tribunal to be an unfair dismissal if your Employer did not follow a fair dismissal procedure.
If you think that you are affected by either of the above you should speak to us to discuss your case. We can advise you of your rights and you may have a claim for wrongful or unfair dismissal or both.
To arrange an appointment to discuss with our specialist lawyers please contact the Employment Department secretary Viki Summers.
Telephone: 01494 864650