Wrongful dismissal
Wrongful dismissal is dismissal that breaches an employee's contract, usually because the employer gives too little notice or notice pay.
The contract, not general fairness, is the test
Wrongful dismissal is a breach-of-contract question. It commonly arises when an employer dismisses without the contractual or statutory notice due, or does not pay what the contract requires for that notice. It does not ask whether the employer's decision was reasonable in the broader statutory sense.
Summary dismissal may avoid notice where an employee has committed a sufficiently serious repudiatory breach. An allegation is not proof, so investigate before deciding that notice and notice pay are not due. The Acas dismissal guidance explains the distinction between unfair and wrongful dismissal.
Which forum and deadline apply?
An eligible Employment Tribunal contract claim can be made only after employment has ended and is subject to a £25,000 award ceiling. Civil court is a separate route with different time limits, processes, costs and remedies. Acas early conciliation applies to the tribunal route. Legal advice may be needed before choosing a forum.
For England and Wales, use this transition:
Under the current tribunal time-limit transition, the six-month Employment Tribunal limit applies where the date of termination of the contract giving rise to the claim is on or after 1 October 2026. An earlier termination remains under the three-month limit.
For Scotland, the date is later:
The same transition guidance sets 9 November 2026 as Scotland's change date. The six-month Employment Tribunal limit applies where the termination date is on or after that date. An earlier termination remains under the three-month limit. These are phased changes, so use the correct place and termination date.
Reconstruct the notice loss
Gather the contract, written statement, later variations, notice letter and payroll record. Work out the salary and contractual benefits that would have applied during the correct notice period. Bonus and commission treatment depends on the wording and facts, while losses may also be affected by mitigation.
Record the contractual notice, statutory minimum, actual end date, sums paid and each component still disputed. That gives the employer and employee a calculation they can examine rather than one figure labelled “notice”.
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