Wrongful Dismissal Solicitors Leeds
A wrongful dismissal case may be carried out due to a fair reason for termination, but the means by which it was applied don’t correctly follow the rules of employment law.
The wrongful dismissal term refers exclusively to an employee being dismissed contrary to the terms of notice within their contract—it shouldn’t be confused with the unfair dismissal process. For example, a wrongful dismissal could be when the worker is prematurely dismissed with insufficient notice, or due to lack of proper grounds for dismissal.
Wrongful dismissal can also occur when no dismissal notice was required, but other conditions of the employment contract weren’t met or if grounds for such action were referred to in a contract where no such grounds existed. Another area of wrongful dismissal could be when an employee wasn’t paid the statutory or contractual amount of notice pay.
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Dismissing An Employee Without Notice
There are times when an employer can terminate an employee’s position without giving the pre-determined amount of notice.This can be in the first month of employment, or if the employee has carried out inappropriate behaviour as explicitly outlined in their contract, or if they have behaved in any other way to undermine the trust and confidence in the employer.
Undermining the trust and confidence of an employer is a term outlined as gross misconduct. Gross misconduct covers a variety of behaviours that justify termination of the employment contract. Less severe misconduct behaviours should result in an alternate mode of reprimand or correction.
Compensation For Wrongful Dismissal
In a wrongful dismissal case, the compensation is limited to the notice period or the time taken to fulfil any outstanding procedures outlined as necessary in their employment contract.
The compensation (or damage award) is calculated by the net value of the employee’s salary and their contractual benefits if they had been permitted to work through their contracted notice period.
‘Pay In Lieu Of Notice’ Clause
Modern employment contracts often include a PILON (pay in lieu of notice) clause. In such cases, the employer can dismiss an employee immediately, as long as the contracted PILON payment is paid. The notice period is then waved for the employee.
A wrongful dismissal claim cannot be made against the employer where a PILON clause features in a contract. The employee must claim for the notice pay.
Restrictive Covenants Of Employment Contracts
When an employer is found guilty of wrongful dismissal, the employee is often freed from all further terms of the employment contract with the employer. The contract is considered broken by the employer, and by their doing so, the rest of the contract is also deemed no longer applicable.
Making A Claim For Wrongful Dismissal
Employment law is complicated and should always be carried out by specialist employment solicitors. We have the knowledge and experience to determine whether you are entitled to make a claim and the amount of compensation that may be awarded—so if you are ever considering making a dismissal claim against an employer, you should always seek professional advice.
In a wrongful dismissal case,the employee making a claim can choose to pursue the matter through an employment tribunal or the county or high court.Our team will advise you which is the best option for your case. This is often determined by the employment status of the employee, the amount of the claim and any time limits involved.
Employment Solicitors Leeds are experienced in all areas of employment law and are the perfect partners to guide you through a wrongful dismissal claim.They will instruct you in the most efficient methods to carry out the procedure,in order to achieve the best possible outcome.
Settlement Agreements For Employment Termination
A Settlement Agreement (previously called a compromise agreement) is handled outside of an employment tribunal or court case yet is still a legal process to manage the outcome in the best interest of both parties. Our specialist solicitors can manage all the legal requirements of your employer’s settlement agreement terms to make sure you get the best possible outcome and award package.
Contact Employment Solicitors Leeds Now
You can call on 0113 4334 118 or email for an initial consultation regarding your employment position. We will offer you complete and full advice in easy to understand terms to help you to establish the most likely outcomes for your case in a relaxed and pressure-free environment.
We understand how difficult this time can be, so our expertly trained staff deliver all of our services with empathy and understanding. It is entirely up to you whether you decide to