top of page

A Simple Guide to Understanding Wrongful Termination

DJP Solicitors

When it comes to letting an employee go, employers must ensure the correct procedures are followed to avoid receiving a wrongful termination lawsuit. This legal matter often occurs when an employee is sacked without proper notice or payment. Since employment law is not always common knowledge to workers, seeking employment law advice is crucial when an individual believes they may be entitled to a wrongful termination claim.

 

In this guide, we will explore wrongful termination in more detail and discuss the most common types of wrongful termination that people take legal action against.


What Is Wrongful Termination?


Wrongful termination, also known as wrongful dismissal, occurs when an employer violates the terms of the employment contract when firing an employee. To make a wrongful termination claim, the claimant must be able to prove that the way they were dismissed breached their contract and resulted in them suffering a loss.


Wrongful Dismissal Vs. Unfair Dismissal


Wrongful dismissal is often confused with unfair dismissal, a similar legal matter. Unfair dismissal refers to an employee being dismissed in a manner that is deemed unjust, unreasonable or improper according to the law. Some automatically unfair reasons include pregnancy, maternity leave and whistleblowing.

 

In contrast, wrongful termination claims focus on breaches of employment contracts rather than statutory employment rights. When a person is fired for a legitimate reason, the proper employment termination procedures outlined in the contract must be followed for employers to meet their legal obligations. Failing to do so is grounds for a wrongful dismissal claim.


Common Types of Wrongful Termination


Wrongful dismissal can occur in various ways, but understanding the most common types of claims helps ensure employers remain accountable for following fair employment practices.


Breach of Notice Period


One of the most common causes for wrongful termination claims is a breach of notice period. This happens when an employer lets go of an employee without providing the notice period either outlined in the employment contract or mandated by employment law. The statutory minimums apply unless a specific notice period is expressly stated in the employment contract.


Breach of Fixed-Term Contracts


Employees who are employed on a fixed-term contract or for a specific task may be eligible for a wrongful dismissal claim if their contract is terminated before it expires. However, there are some situations where an employer may legally end a contract early, for example, where the employee is guilty of gross misconduct.


Contractual Agreements


An employee is likely to have grounds for a wrongful dismissal claim if their employment contract requires a specific procedure to be followed before termination and the employer fails to comply with it.


Who Can Claim for Wrongful Termination?


In the UK, any individuals whose employment contract has been terminated unlawfully that results in a loss can claim wrongful dismissal.


Need Employment Law Advice?


Whether you are looking for employment law advice for a potential wrongful termination, unfair dismissal or employment dispute, DJP Solicitors are here to help. Contact us today to discuss your legal matters and receive expert support and guidance from our team.

1 view0 comments

Recent Posts

See All

Comments


bottom of page