| If you have been dismissed in unfair | | | | that your employer is entitled to dismiss you for |
| circumstances you may wonder if you have a | | | | it. |
| case of wrongful dismissal and what this would | | | | A claim for wrongful dismissal can be brought in |
| mean. Wrongful dismissal is a legal term used by | | | | the employment tribunal or a court. The |
| employment solicitors to describe the | | | | compensation you would get would depend on the |
| circumstances where your employer dismisses | | | | breach by your employer. If it is a simple failure |
| you in breach of your employment contract. The | | | | to pay notice, you will only be entitled to claim the |
| most frequent case of wrongful dismissal is | | | | notice pay. If your employer has failed to follow a |
| where an employee is fired without the employer | | | | contractual procedure to dismiss you then the |
| paying for the notice period. You may have a | | | | court or tribunal may decide that you would have |
| claim for wrongful dismissal if your employer | | | | remained employed for a longer period whilst your |
| dismisses you and did not follow the correct | | | | employer followed the correct procedure, and |
| procedure, but only if the procedure is part of | | | | give you the additional wages for that period. As |
| your contract of employment. | | | | a consequence the amounts claimed are fairly low |
| So your first step is to look at your employment | | | | - unless you are a football manager of a two |
| contract to see what you notice period is and | | | | year contract where your employer has to 'buy' |
| whether the contract has a procedure for | | | | you out. It is probably not worthwhile instructing |
| dismissing employees. What if you didn't sign your | | | | employment solicitors to help you with a claim. |
| contract? As long as you were given a contract | | | | However, if you use the employment tribunal |
| and worked for your employer, you will probably | | | | route the claim is usually straightforward. You can |
| be deemed to be bound by it. What if you | | | | also get help and free advice from your local |
| haven't got a written contract? Under UK | | | | Citizens Advice Centre or Law Centre. |
| employment law, once you have worked for a | | | | If you think the reason for your dismissal or the |
| month you are entitled to a statutory minimum | | | | way you were dismissed was unfair then so long |
| period of notice - one week if you have been | | | | as you had been employed for one year you |
| employed between one month and two years | | | | should look at unfair dismissal, as you may be able |
| and an additional week for each year of | | | | to claim compensation or ask for your job back. |
| continuous employment between two and 12 | | | | This is the first in a series of articles about |
| years up to a maximum of 12 weeks if your are | | | | common problems in employment law. Watch for |
| employed for 12 years or more. If you have | | | | the next titles to find out more about unfair |
| been dismissed without notice, your employer | | | | dismissal or read how employment law in practice |
| may be entitled to do so if you have committed | | | | works and get some top tips from an |
| gross misconduct. Gross misconduct is misconduct | | | | employment solicitor. |
| that is so serious, such as dishonesty or violence, | | | | |