Wrongful Dismissal 

Wrongful dismissal is purely a contractual issue - the fairness of the dismissal is not looked at. A Tribunal or Court will look at the contractual obligations between yourself and your employer and whether these have been breached.  
To bring a claim for wrongful dismissal you must be able to show that you have suffered a loss and that this loss was caused by the breach of contract. 
 
Wrongful dismissal, unfair dismissal and constructice dismissal have distinct legal meanings. If you do not have a claim for wrongful dismissal, you may have a claim for unfair dismissal or constructive dismissal
 

Some examples of wrongful dismissal 

Dismissal without the required statutory or contractual notice being given 
Dismissal without following contractual redundancy policy and procedures. 
Dismissal without following contractual disciplinary procedures. 

Wrongful Dismissal FAQs 

Can I be lawfully dismissed without notice? 

One of the most common wrongful dismissal claims is where an employer has dismissed their employee without giving the statutory or contractual notice. However, this doesn’t mean that the dismissal is automatically wrongful. An employer is entitled to summarily dismiss (dismiss without notice) the employee if they have committed an act of gross misconduct, such as theft or fraud. 
 
An employer may have a Payment In Lieu of Notice (PILON) clause in their contract of employment. This allows the employer to dismiss the employee without giving notice by paying them the money they would have earned if they had worked their notice. Even if there is no PILON provision in the contract of employment an employer can still make a payment in lieu of notice. In these circumstances, if the employee has been put into the position they would have been in if they had worked their notice, then a claim for wrongful dismissal is likely to fail. 

What will it cost to bring a claim for wrongful dismissal? 

For more information visit Our Fees page. 

What are the time limits for wrongful dismissal claims? 

You must bring a claim of wrongful dismissal to the Employment Tribunal three months less one day from the date of the dismissal. In the County or High Court, you have six years to bring a claim. 

Should I bring my claim in the Employment Tribunal or County/High Court? 

Breach of contract claims can be heard in a Tribunal, County Court or High Court. However, if there is also a potential unfair dismissal claim then your case can only be heard in an Employment Tribunal
 
Awards for wrongful dismissal in the Employment Tribunal are capped at £25,000. You may prefer to bring your claim in the County or High Court because there are no caps on compensation and the Court can award all losses that have stemmed from the breach of contract. You also have longer to bring a claim in the County Court or High Court (see above).  

Get in touch 

Do you have a legal matter you'd like to discuss with us? Get in touch using the details below or use the form here and a member of our team will be in touch to discuss your enquiry. 
Phone: 0121 452 5130 
Address: Spencer Shaw Solicitors Limited 
Vancouver House, 111 Hagley Road, Edgbaston, Birmingham B16 8LB 
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