This situation arises when an employer violates the terms of your employment contract, typically by not providing the required notice period. You are entitled to recover any wages or benefits you would have received had the proper notice been given.
Specialist Wrongful Dismissal Solicitors in London
Facing dismissal from your job can be a stressful and uncertain experience, especially if you believe your employer has not followed the correct procedures. At Wellingtons Solicitors, our experienced employment law team is here to provide clear, strategic advice and robust representation for employees who have been wrongfully dismissed. We help you understand your rights, assess your claim, and pursue the compensation you are entitled to under UK law.
What is Wrongful Dismissal?
Wrongful dismissal occurs when an employer breaches the terms of an employment contract in the process of terminating employment. Most commonly, this involves dismissing an employee without giving the required notice or without payment in lieu of notice (PILON). Unlike unfair dismissal, wrongful dismissal is a contractual claim and does not depend on how long you have worked for your employer.
Key Features of Wrongful Dismissal
- Breach of Contract: The focus is on whether your employer failed to meet contractual obligations, such as notice periods or agreed procedures.
- No Minimum Service Requirement: You can bring a wrongful dismissal claim regardless of your length of service, even if you are still within your probation period.
- Compensation for Losses: Damages are intended to put you in the position you would have been in if your contract had been properly followed.
Common Scenarios Leading to Wrongful Dismissal
Wrongful dismissal can arise in a range of situations, including:
- Dismissal Without Notice: Being sacked without the contractual or statutory notice period, unless you have committed gross misconduct.
- Early Termination of Fixed-Term Contracts: Ending a fixed-term contract before its expiry date without following the agreed terms.
- Failure to Follow Contractual Procedures: Not adhering to disciplinary or redundancy procedures set out in your contract.
- Improper Handling of Redundancy: Not providing proper notice or redundancy pay as required by your contract.
- Constructive Dismissal: You resign because your employer has seriously breached your contract, such as by not paying your wages.
Wrongful Dismissal vs. Unfair Dismissal
It is important to distinguish between wrongful and unfair dismissal:
| Wrongful Dismissal | Unfair Dismissal |
|---|---|
| Based on breach of contract | Based on statutory rights |
| No minimum length of service required | Usually requires 2 years’ continuous service |
| Can be brought in civil courts or employment tribunal | Only at employment tribunal |
| Focuses on notice period and contractual terms | Focuses on fairness and reasonableness of dismissal |
You may have grounds to bring both claims if your employer’s actions breach your contract and are also unfair under employment law.
Who Can Make a Wrongful Dismissal Claim?
You may be eligible to claim wrongful dismissal if:
- You are an employee (including those on probation or fixed-term contracts)
- Your employment contract (written or verbal) was terminated without proper notice or procedure
- You suffered a financial loss as a result
It is also possible to claim if you were forced to resign due to your employer’s breach of contract (constructive dismissal).
Notice Periods and Payment in Lieu
UK law requires employers to provide minimum notice periods based on your length of service:
- One week’s notice if employed between one month and two years
- One additional week for each year of service after the second year, up to a maximum of twelve weeks
If your contract specifies a longer notice period, that will apply. Employers may offer payment in lieu of notice (PILON), which is lawful if included in your contract or agreed upon at termination. If you accept PILON, you cannot claim wrongful dismissal for lack of notice.
Compensation for Wrongful Dismissal
If you succeed in your claim, you may be awarded damages equivalent to the pay and benefits you would have received during your notice period, including:
- Salary
- Bonuses
- Pension contributions
- Other contractual benefits
The maximum award for wrongful dismissal at an employment tribunal is £25,000. However, there is no cap if you pursue your claim through the civil courts.
How Wellingtons Solicitors Can Help
Expert Case Assessment
Our employment law specialists will review the circumstances of your dismissal and your employment contract to determine whether you have a strong claim. We will explain your options and the likely outcomes.
Strategic Negotiation
We aim to resolve disputes efficiently, often through negotiation or settlement agreements, to secure compensation and protect your reputation.
Representation in Tribunals and Courts
If a fair settlement cannot be reached, our solicitors will represent you at employment tribunals or in the civil courts, preparing your case and advocating on your behalf.
Flexible and Transparent Service
We offer a range of flexible funding options and transparent fee structures to ensure our services are accessible and affordable.
Frequently Asked Questions
How do I start a wrongful dismissal claim?
Begin by seeking specialist legal advice. If you wish to pursue a tribunal claim, you must notify ACAS and participate in early conciliation before lodging your claim.
What is the time limit for making a claim?
You have three months less one day from your dismissal to bring a claim in the employment tribunal. For civil court claims, the limit is six years.
Can my employer dismiss me without notice?
Only in cases of gross misconduct. Otherwise, dismissal without notice is likely to be wrongful.
Is there a cap on compensation?
Yes, £25,000 in the employment tribunal, but no cap in the civil courts.
Can I claim if I am on probation?
Yes, wrongful dismissal claims can be made regardless of length of service or probationary status.
Why Choose Wellingtons Solicitors?
- Expertise in wrongful dismissal and employment law
- Decades of experience across all sectors, including finance, media, and technology
- Personalised, practical advice tailored to your unique circumstances
- Proven track record of achieving swift and favourable outcomes for clients
- Commitment to transparency, client care, and service excellence
If you believe you have been wrongfully dismissed, don’t delay. Early legal advice can make all the difference. Contact Wellingtons Solicitors in London today for a confidential consultation and let our expert team help you secure the justice and compensation you deserve.