Wrongful Dismissal.

Wrongful dismissal is a breach of contract claim arising from the way employment is ended. The most common example is an employer dismissing an employee without providing the notice or payment they were contractually entitled to receive.

Other breaches may concern contractual benefits or procedures, depending on their terms. The focus is on what the employer promised under the contract, not simply whether the dismissal was reasonable. A dismissal may be wrongful, unfair, both or neither.

Unfair dismissal is primarily a statutory claim that examines the reason for dismissal and whether the employer acted reasonably. Wrongful dismissal is concerned with breach of contractual obligations.

An employee may have a wrongful dismissal claim even without the qualifying service normally needed for ordinary unfair dismissal. Conversely, an employer might give correct notice but still dismiss unfairly. Our unfair dismissal solicitors can advise on any separate statutory claim.

An employer may be able to dismiss without notice where an employee has committed conduct serious enough to justify summary dismissal. Describing an allegation as “gross misconduct” is not decisive: the facts must support the contractual right to dismiss immediately.

Where the employer cannot justify summary dismissal, you may be entitled to damages representing the notice and benefits you should have received. If you face a disputed misconduct allegation, the fairness of the disciplinary procedure may also need review.

If your employer ends employment without giving the contractual or statutory minimum notice you are entitled to, you may be able to recover the value of the missing notice period. The calculation can involve salary, contractual benefits and other entitlements, subject to the contract and the law of damages.

Where you could have earned money elsewhere during the relevant period, mitigation may affect recovery. A solicitor can examine your dismissal documents, pay records and contract before estimating the loss.

A payment in lieu of notice, often called PILON, means employment ends immediately and a payment is made instead of requiring the employee to work through the notice period. Whether a payment is contractually authorised, and what it includes, depends on the terms.

An employer cannot assume that paying basic salary necessarily meets every contractual obligation. Bonuses, benefits and pension arrangements may need separate consideration. We can review the calculations and the drafting.

A wrongful dismissal claim does not generally require two years’ continuous employment because it is based on contractual rights. However, your entitlement depends on the contractual notice, statutory minimum notice and whether the employer was entitled to dismiss summarily.

The ordinary unfair dismissal rules are different, with their qualifying period scheduled to change from January 2027. If discrimination or whistleblowing is involved, further rights may apply.

A settlement agreement can resolve disputes about notice pay and other contractual matters, but signing may also mean giving up wider employment claims. Before agreeing, check whether notice, bonus, holiday, outstanding expenses and any restrictions are dealt with.

We can advise on the financial and practical value of the offer, including whether it is proportionate to pursue the claim elsewhere.

Some wrongful dismissal claims may be brought before an Employment Tribunal, subject to its jurisdiction and monetary limits, while others can be pursued in the civil courts. The relevant limitation period, procedural rules and costs exposure can differ significantly between the routes.

For qualifying tribunal claims arising on or after 1 October 2026, the usual tribunal limitation period is six months less one day, while earlier dismissals may be subject to the former shorter period. The longer civil court contract limitation rules should not be assumed to apply to an Employment Tribunal claim. Advice on the correct forum is important.

We can review your contract and notice provisions, assess the strength of a breach of contract claim and explain the options for resolving it. That may involve preparing a demand, negotiating outstanding payments or taking a claim to the appropriate court or tribunal.

Where the circumstances also raise questions about dismissal fairness, we can assess any separate unfair dismissal claim. Our Employment Tribunal solicitors can advise on whether the Employment Tribunal has jurisdiction and the correct procedure.