Wrongful Dismissal


What qualifies as wrongful dismissal?

Wrongful dismissal is when the terms of your contract have been breached in the process of your dismissal.

What is the difference between unfair dismissal and wrongful dismissal?

Unfair dismissal is when your employer fires you without good reason, for example, because you have reported wrongdoing at work, or because you have joined a trade union. Wrongful dismissal applies only to a breach of the terms of your contract. If your employer fails to follow their own disciplinary, dismissal, or redundancy procedures, or the Acas code of practise on disciplinary and grievance procedures as minimum. Then you may have a case for wrongful dismissal.

Examples of wrongful dismissal


  • You were fired after a first written warning.
  • You were fired without your statutory notice, or pay in lieu of notice (however, this is allowed in cases of gross misconduct).
  • When you were dismissed, you had several weeks of accrued holiday pay remaining. Your employer is refusing to pay this to you.
  • You have a fixed term contract, which your employer has ended early (except for in cases of gross misconduct).
  • You were made redundant but your employer did not properly notify you of potential redundancy, or give you a warning that you were at risk of redundancy.

How do I claim wrongful dismissal?


Highlight the breach of contract, or the element of procedure which was not correctly followed, amounting to wrongful dismissal.

Contact Employment Law Friend to arrange a consultation with a solicitor who can draft your grievance letter for a fee. Or; you can browse our grievance documents to download a template grievance letter.

They will advise you whether you have a strong legal case of wrongful dismissal to take to tribunal.

    3
    Notify Acas of your tribunal claim
You have limited time to make a claim.
You have one day less than three months from the day of your wrongful dismissal to submit your claim to the employment tribunal. Act quickly.

If you choose to participate in Acas early conciliation, your limitation will be extended to allow time for negotiation.

You will be offered early conciliation, to try and settle your claim without going to tribunal. You can use our free guides to do this alone. Or, if you’d like professional support, our solicitors can help you negotiate for the best deal, and navigate through the tricky process of reaching a settlement, including managing your communications.

    4
    Tribunal
Going to the Employment Tribunal is often a long and stressful process. Read the following articles to best prepare yourself.


How much compensation will I get for wrongful dismissal?

If you win your case, the compensation you would be entitled to is limited to whatever you would have been paid, had the correct procedure been followed.

Your damages should match either:
  • Your pay for any notice period not honoured
  • Your pay until the end of your fixed term contract
  • Your pay to complete the job or service you have been wrongfully dismissed from



Frequently Asked Questions

No. You are not legally protected from wrongful dismissal until you have met 2 years of continuous service.
It can be daunting to face a wrongful dismissal claim alone. We can arrange a consultation with a specialist employment solicitor who will set a fee for drafting your letter, alternatively browse our downloadable documents for a cost effective, DIY option.

If you'd like to instruct a solicitor, please get in touch with the following information.
    1
    Have you been able to find another job?
    2
    Date of the last breach of your employment rights
    3
    Date you were dismissed
    4
    A brief background of the alleged offences in the workplace
    5
    A copy of your contract of employment
    6
    A confirmation of your annual gross salary

Have you been wrongfully dismissed?
Too often, employers disregard proper procedure when dismissing employees, or making them redundant. Whether this was on purpose or not, you can get in contact with us and see how we can help.

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This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of our company. For employment law advice please get in contact and speak to your employment law solicitors.
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