Getting dismissed is never easy, but it’s even worse when it was done unfairly. Unfortunately, a lot of people are wrongfully dismissed every year, and might not know that they might have a case against their employer. That’s why it’s not only important that workers know their rights, but know what to do in case they were violated. Here’s what you should do if you feel you were wrongfully dismissed by your employer.

Examples of Wrongful Dismissal

You first have to know if your dismissal was wrongful in the first place. If your employer didn’t have a legitimate reason to dismiss you, or your dismissal wasn’t following the company’s formal dismissal or disciplinary process, then you might have a case.

Some of the examples of wrongful dismissal include when you asked for flexible work arrangements; refused to give up some working time rights, such as rest breaks for instance; or resigned within the correct notice period and was dismissed early. Other cases where people are often wrongfully dismissed include if you were dismissed after asking for maternal or paternal leave, exposed wrongdoing in the company, or when you were forced to go into retirement.

Constructive Dismissal

Constructive dismissal is another form of wrongful dismissal and occurs when you were forced to leave your position because of your employer’s misconduct. One common example is if an employer is allowing continued bullying and harassment without applying disciplinary measure. Another example is if your employer won’t pay you for some reason, or demotes you without any reasonable reason to do so. It can also happen when they ask you to make significant and unreasonable changes to your work contract, like working late night shifts for instance.

Check if You Were Actually in the Wrong

If you were unable to do your job, or was repeatedly sick, then your employer is within their rights to dismiss you. Gross misconduct on your part, such as violence or threats of violence, or any form of criminal activity is also a legitimate reason to dismiss you. There are also cases when you might be terminated because your role is becoming redundant and unnecessary, or they can’t keep you for legal reason What to Do if You Were a Victim

One of the first things you should do is work with your union if you have one. They’ll be able to sit down with you and look at the circumstances of your case.

You could also speak with a solicitor and try to strike a settlement agreement with your employer. Not everybody wants to go through the lengthy trial process, so this is a great way to get compensated fast without incurring additional legal fees. A qualified solicitor will be able to see if you actually have a case, negotiate on your behalf, and get you a fair settlement depending on the facts of the case.

Wrongful dismissals are a serious issue, and if you feel like your rights as a worker have been violated, it’s important that you defend them. Make sure that you assess whether you were in the wrong or not, and consider seeking legal action if you feel you were a victim.

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