| You also have a number of statutory rights that | | | | includes using the proper procedure to dismiss |
| include minimum periods of notice. If your | | | | their employees. |
| employer breaks the terms of your contract, you | | | | One of the most common forms of wrongful |
| could have grounds for wrongful dismissal. | | | | dismissal is not being given proper notice by your |
| Under current employment law, wrongful dismissal | | | | employer before they terminate your contract. In |
| occurs when your employer breaks any of the | | | | these cases, your employer should have followed |
| terms of your employment. As soon as you have | | | | the Code and given you whatever statutory or |
| accepted any job offer the terms of the | | | | contractual notice is stated in your contract of |
| employment contract are legally binding on all | | | | employment. If you employer fails to do this, you |
| parties. If your contract is breached, the | | | | could have a case of wrongful dismissal to take |
| seriousness of the breach is your best indication | | | | to an employment law tribunal. |
| whether you have a case for compensation if | | | | Initially however, you should approach your |
| your claim were to be heard by an employment | | | | employer about your concerns regarding your |
| tribunal. | | | | alleged wrongful dismissal. Your company should |
| It is important to ensure you understand all the | | | | have a grievance and/or complaints process you |
| terms of your employment contract. It may be | | | | can use. It is important to use these procedures |
| illegal to terminate your employment without | | | | first, as an employment tribunal will want to see |
| notice under employment law, but if your | | | | that you tried all other channels to resolve your |
| contract stipulates that this is allowed, this would | | | | issue before you brought the case before them. |
| not be deemed a breach of contract under | | | | As wrongful dismissal can mean a breach of |
| normal employment law conditions. | | | | contract has taken place, you should contact an |
| Generally speaking, breach of contract always | | | | employment law solicitor as soon as you can. |
| occurs if you are dismissed without any notice. | | | | Your solicitor can assess your particular |
| However, in cases of gross misconduct it is | | | | circumstances and indicated whether a breach of |
| unlikely that an employment tribunal will rule in | | | | contract – and therefore wrongful dismissal |
| your favour. And employees that have worked | | | | – has actually taken place. |
| for their employers for less than a year may not | | | | It isn't difficult to make a claim of wrongful |
| be successful in any claim of wrong dismissal they | | | | dismissal, but you must ensure that wrongful |
| make to an employment tribunal. | | | | dismissal actually took place before making a |
| As employment law integrates closely with | | | | formal complaint to your employer and possibly |
| contract law, it is important to fully understand | | | | later to an employment tribunal. Your employer |
| your contract of employment before making any | | | | must treat your fairly and in accordance with |
| claims of wrongful dismissal. An employment law | | | | employment regulations when dismissing you. |
| solicitor is vital in this respect to ensure you have | | | | Contracts of employment can contain highly |
| solid grounds for any claim you would like to | | | | complex legal material. An employment law |
| subsequently make for damages. | | | | solicitor can interpret your contract and relate this |
| Wrongful dismissal occurs when your employer | | | | to the incident that led to your dismissal. If these |
| breaks the terms of your contract of | | | | grounds break employment law, and your |
| employment. The ACAS (Advisory, Conciliation | | | | employer has not fulfilled their responsibilities to |
| and Arbitration Service) have a Code of Practice | | | | investigate your claim of wrongful dismissal, you |
| that all employers should comply with. This | | | | can then move to an employment tribunal. |