Wrongful termination

Employees have a legal right to be treated fairly by their employer. Workplace contracts protect an employee’s rights and may set out the circumstances in which an employer may legitimately terminate the employment contract, or the method which they must follow in order to lawfully dismiss the employee.

If you are dismissed by your employer in a way which breaches your contractual entitlements, you may have a claim for wrongful termination (otherwise called wrongful dismissal). A wrongful termination claim may, for example, arise from your employer failing to give notice or failing to follow proper disciplinary measures before dismissing you, when the employment contract specifically covers these matters.

Wrongful termination differs from unfair dismissal, in that it is based on contract law rather than statute law – the employment contract, and whether it has been breached, must be the basis for the claim. In contrast to claims for unfair dismissal, no minimum length of service is required before you can make a claim for wrongful termination.

A wrongful termination claim is unlikely to succeed if the employer has legitimate grounds for sacking the employee without notice (summary dismissal). Such grounds may include a serious breach of the employment contract, such as theft.

Wrongful termination hearings generally take place at an employment tribunal, for claims of up to £25,000. If your claim is for a larger amount, the case may need to be heard in a County Court or the High Court.

If you would like to obtain advice on wrongful termination, Contact Law can put you in touch with a specialist employment solicitor free of charge. So, if you have any questions or would like our help in finding local employment solicitors please call us on 0800 1777 162 or complete the web-form above.