Wrongful dismissal
Plain-English definitions for England and Wales. General information, not legal advice. Laws and figures change - always check the current position on GOV.UK.
Wrongful dismissal A breach-of-contract claim, usually for dismissal without the notice (or notice pay) your contract or statute required. It is different from unfair dismissal: it is about the contractual notice, not the fairness of the dismissal, and it has no qualifying period.
Related terms
- Unfair dismissal
- A statutory claim that an employer ended your employment without a fair reason, without a fair process, or both. Most employees currently need 2 years' continuous service to claim ordinary unfair dismissal, though many 'automatically unfair' reasons need no qualifying period.
- Notice pay
- Pay for your notice period. There are statutory minimums - broadly one week after a month's service, rising to one week per full year up to a maximum of 12 weeks - and your contract may give more. Not paying proper notice can give rise to a wrongful dismissal or breach-of-contract claim.
- Breach of contract
- A failure by either side to honour a term of the employment contract. Employees can bring some breach-of-contract claims (such as unpaid notice) in the tribunal once employment has ended, subject to a statutory cap on the amount.
Not sure how this applies to you?
Ari helps you turn the jargon into a plain plan - what your situation is, what your options are, and what to do next.
Start your case