Damage Compensation for Wrongful or Unfair Termination of Employment


We often change jobs in our careers and in such cases, resign from our current jobs to move forward to the next one. But sometimes, there may be cases where termination of employment is unfair, either for the employee or the employer. Sudden notices of termination for what the employee feels to be an unjust reason can be stressful. The case is similar for an employer.

The employer will feel the pressure if an employee suddenly resigns without any prior notice. In these cases, not only individuals, but families or organizations as a whole can be affected. Such terminations are often in breach of the contract signed between the employee and the employer and any party which feels wronged can claim compensation.

You can also seek advice of a solicitor well-versed in these cases. If you are looking for solicitors in the UK, you can check out the Solicitors Guru database in order to choose from solicitors who can help you.

If you find their fees too expensive to afford, you can take the help of solicitors who offer an option in which client don’t need to pay them if he do not get the compensation – go to the special topic on no win no fee subject.

What can you expect for compensation?

Compensation may involve monetary reward or job compensation — in the sense that you can get your old job back or get a job similar to the one you had and which has similar pay or both.

Monetary losses will depend on the extent of the damage that you have suffered as a result of wrongful dismissal which may include getting a termination letter without the notice period. In such cases, the damage will be calculated depending upon the notice period and the situation you would have been in had the notice period been given before dismissal.

Reasons to request for compensation when you have been dismissed

Often there are automatically unfair reasons of dismissal for which you can claim compensation. These include dismissal due to pregnancy, trying to assert your own statutory right, or whistleblowing about some concern at work. Whatever the reason, you can check with the law to find out if your reason for dismissal was unfair and if so you need to act quickly, applying for compensation within three months of the date from which you were dismissed.

Your solicitor will guide you throughout the matter, helping you to collect evidence and build up your case to increase your chances of success. You need to have proof that you were actually dismissed, in the form of a proof such as a text e-mail or official resignation letter. Such a letter is not valid if you have resigned by choice. You cannot apply for compensation for unfair dismissal if you’ve been suspended as that does not count as dismissal.

Where you cannot challenge your dismissal

If you are self-employed, classed as “worker”, a member of the police or the armed forces, working overseas for a foreign government, you won’t be able to challenge your dismissal. It is a good idea to check your employment status if you aren’t sure whether you can apply for compensation or not. You can do this on the UK government website.