Losing a job can be worrying and stressful when you have ongoing financial responsibilities, such as a mortgage or children. If you’ve been dismissed and there is no clear reason for this dismissal, there may be something you can do about it.
Wrongful or unfair dismissal refers to when an employer dismisses you from your job and breaches your employment contract. Dismissal without fair reason is illegal under the EEOC labor laws.
This may involve termination of your contract without notice or valid reason. Wrongful termination may also involve being fired based on your age, race, gender, sexual orientation, political views, disability, or pregnancy.
In this article, we are going to cover all of the key steps that you need to take when you have been unfairly fired from your job.
Speak to Your Employer
The first step after you have been dismissed is always to speak to your employer. The wrongful dismissal may have been based on a misunderstanding and it’s possible that you and your employer can figure things out together without taking legal action.
Arrange a meeting with your manager and discuss the matter one-on-one. Ask your employer for their reasoning for the dismissal so that you can determine whether or not you think it is fair.
You may be able to figure things out with your manager without needing to take the matter any further. During the meeting, make sure to take notes to ensure that you have factual evidence of what has been said during the meeting just in case your employer tries to deny the things that have been said.
Make an Appeal Via the Industrial Tribunal
If you are unable to figure things out with your employer, you may need to take further action. You might be eligible to make an appeal under your employer’s dismissal and disciplinary procedures or via Industrial Tribunal.
Although making employment Tribunal claims is not free of charge, it may be required to resolve your wrongful dismissal. Within the first three months of being dismissed, you can go to the Tribunal and create an appeal.
The Tribunal will assess your claim based on the evidence and reasoning that you have provided. You will need to provide evidence for when you began and stopped working for the employer, and the reasoning for any gaps in your employment.
If you win the appeal via the tribunal, you may be offered your job back. If like many people, you aren’t keen on the idea of returning to work for the same employer, you may be offered compensation instead.
Your employer may be ordered to pay compensation to cover the losses and damages that you have experienced due to the wrongful dismissal.
Gain Compensation
Based on the outcomes of the Tribunal, you may be offered compensation. This compensation will be paid out by your employer and the exact amount of money that you receive depends on a variety of factors.
The compensation is paid to cover the income losses caused by your lack of work due to the wrongful dismissal, so it is usually based on your salary. In some cases, compensation may cover the negative psychological impacts caused by your traumatic experience.