Understanding Wrongful Dismissal
Understanding Wrongful Dismissal
Wrongful dismissal is a legal term that refers to a breach of contract by an employer when ending an employee’s employment. It is important to distinguish wrongful dismissal from unfair dismissal, as each is based on different legal principles and has different routes for making a claim.
What Is Wrongful Dismissal?
Wrongful dismissal occurs when your employer dismisses you in breach of the terms of your employment contract. The most common example is when you are dismissed without the proper notice period that your contract (or, if none is specified, statutory law) requires. Unlike unfair dismissal, which focuses on whether the employer had a fair reason and followed a fair process, wrongful dismissal is simply about whether the contract has been broken.
For instance, if your contract states you are entitled to four weeks’ notice but your employer dismisses you immediately without pay in lieu of notice, this would generally be considered wrongful dismissal. It can also arise if your employer dismisses you in a way that breaches other contractual terms, such as following a contractual disciplinary procedure.
How Is Wrongful Dismissal Different from Unfair Dismissal?
While both wrongful and unfair dismissal relate to the termination of employment, they are legally distinct. Wrongful dismissal is a contractual issue – it’s about whether your employer failed to honour the terms of your contract. Unfair dismissal, on the other hand, is a statutory right and concerns whether the dismissal was fair under employment law, regardless of the contract.
If you are unsure which type of claim might apply to your situation, you can read more about the difference between unfair and wrongful dismissal.
When Is a Dismissal Considered Wrongful?
A dismissal is considered wrongful if:
- You were not given the notice period required by your contract or by law. For most employees, the statutory minimum notice is one week after one month’s service, but your contract may provide for more.
- Your employer fails to pay you for your notice period (unless you have committed gross misconduct, which may justify summary dismissal without notice).
- Your employer breaches other fundamental terms of your contract during the dismissal process.
It’s important to note that wrongful dismissal claims are about the process and terms of dismissal, not the reason for it. Even if your employer had a valid reason for letting you go, failing to follow the contractual notice requirements could still amount to wrongful dismissal.
The Role of Your Employment Contract
Your employment contract is central to any wrongful dismissal claim. It sets out your rights to notice and any other conditions your employer must follow when ending your employment. If you do not have a written contract, statutory notice periods under the Employment Rights Act 1996 will apply. Reviewing your contract carefully is a key first step if you believe you have been wrongfully dismissed.
Find Out More
For a broader overview of your rights and the legal framework, visit our main guide on Wrongful Dismissal. This resource provides further context and can help you decide on your next steps if you think your employer has breached your contract.
Check If You Are Eligible to File a Claim
Before you start the process of filing a wrongful dismissal claim, it’s essential to check whether you meet the eligibility criteria set out under UK employment law. Understanding your eligibility can save you time and help you decide on the best course of action.
Employment Duration and Contract Terms
To bring a wrongful dismissal claim, you must have been an employee (rather than a worker or self-employed contractor) and have a valid employment contract – this can be written, oral, or implied. Unlike unfair dismissal claims, there is no minimum length of service required to claim wrongful dismissal. This means you can bring a claim even if you have been employed for less than two years.
The basis of a wrongful dismissal claim is usually a breach of contract by your employer, most often involving dismissal without proper notice or without following the terms set out in your contract. For example, if your contract states you are entitled to four weeks’ notice and you are dismissed without notice or pay in lieu, you may have grounds for a claim.
Other Key Eligibility Factors
- Notice Period: If you were dismissed without the notice period specified in your contract (or the statutory minimum, if your contract is silent), you may be eligible to claim.
- Gross Misconduct: If your employer claims you were dismissed for gross misconduct (which can justify immediate dismissal without notice), your eligibility will depend on whether this was justified and properly handled.
- Statutory Rights: Wrongful dismissal is a contractual claim, so it differs from statutory claims like unfair dismissal. It focuses on whether your employer breached your contract, not whether the dismissal was fair overall.
Why Checking Eligibility Matters
Confirming your eligibility before proceeding is crucial. Attempting to file a claim when you do not meet the requirements can lead to your case being rejected, wasting time and potentially incurring unnecessary costs. It’s also important to distinguish between wrongful dismissal and other types of claims, such as unfair dismissal, which have different rules and remedies. If you’re unsure which applies to your situation, you may want to read our guide on Am I Eligible to Claim Wrongful Dismissal? for a more detailed breakdown.
Related Considerations
If you think your dismissal was unfair as well as wrongful, you might also want to explore the eligibility criteria for unfair dismissal claims. Learn more in our section on Check Your Eligibility to File a Claim for unfair dismissal.
Taking the time to understand the specific requirements for wrongful dismissal claims will help ensure you pursue the right action and increase your chances of a successful outcome.
Gather Evidence and Documentation
Gather Evidence and Documentation
Building a strong wrongful dismissal claim relies heavily on the evidence you can provide. The more detailed and organised your documentation, the better your chances of demonstrating your case to your employer, Acas, or an employment tribunal. Here’s what you need to know about gathering and preserving the right evidence.
Types of evidence you should collect
- Employment contract:
Your contract sets out the terms and conditions of your employment, including notice periods, dismissal procedures, and any relevant policies. This is often the starting point for proving what was agreed between you and your employer. - Dismissal letter or notice:
If you received a written dismissal letter or email, keep it safe. This document usually states the reason for your dismissal and the date your employment ends, both of which are crucial for your claim. - Correspondence with your employer:
Save all emails, letters, or messages related to your dismissal or any disputes leading up to it. This includes any records of meetings, discussions about your performance, or warnings. - Payslips and employment records:
These can help confirm your length of service, pay, and other employment details relevant to your claim. - Company policies and procedures:
If your employer has a staff handbook or written procedures for handling dismissals, make sure to keep copies. These documents can show whether your employer followed the correct process. - Notes from meetings:
If you attended disciplinary or grievance meetings, write down what was discussed as soon as possible. If you have official minutes or recordings, keep these too. - Witness statements:
If colleagues witnessed events relevant to your dismissal – for example, unfair treatment or breaches of procedure – ask them to provide written statements. Witness accounts can be powerful, especially if they are independent or from more than one person.
Why keeping records matters
Having clear, dated records is vital. Under the Employment Rights Act 1996, the burden of proof in a wrongful dismissal claim is on the employee. This means you need to show, on the balance of probabilities, that your dismissal breached your contract. Well-organised evidence helps you demonstrate the facts, counter any claims by your employer, and show the tribunal you have a credible case.
Practical tips for gathering evidence
- Start collecting documents as soon as you suspect dismissal may be possible.
- Make copies of all documents and store them securely, both digitally and in hard copy if possible.
- Keep a diary of events, including dates, times, and details of conversations.
- If you’re unsure what to keep, it’s better to save too much than too little.
Time limits for collecting evidence
There is no formal legal deadline for gathering evidence, but time is of the essence. Employment tribunal claims for wrongful dismissal must usually be submitted within three months less one day of your dismissal date. Gathering your evidence early will help you meet this deadline and avoid last-minute stress.
If you’re interested in how evidence plays a role in other types of dismissal claims, such as unfair dismissal, you can read more in our guide on Gathering Evidence to Support Your Case.
Taking these steps now will put you in the strongest position to move forward with your wrongful dismissal claim.
Start the Claim Process
Starting the process of filing a wrongful dismissal claim involves several important steps. Understanding each stage will help you protect your rights and ensure your claim is considered properly.
1. Raise a Grievance with Your Employer
Before taking formal action, it is often best to try to resolve the issue directly with your employer. This usually means raising a grievance – a formal complaint – about your dismissal. Many employers have a specific grievance procedure, which you can find in your employment contract or staff handbook. By following this process, you give your employer a chance to address your concerns and potentially resolve the matter without the need for legal proceedings. While raising a grievance is not a legal requirement for wrongful dismissal claims, it can demonstrate that you have acted reasonably, which may be beneficial if your case proceeds further.
2. Notify Acas and Begin Early Conciliation
If the grievance process does not resolve the issue, the next step is to contact Acas (the Advisory, Conciliation and Arbitration Service). Before you can submit a claim to an Employment Tribunal, you must notify Acas and take part in Early Conciliation. This is a free service where Acas acts as an impartial mediator between you and your employer, aiming to settle the dispute without the need for a tribunal hearing.
You can start the process online or by phone. Once you notify Acas, they will offer you Early Conciliation and explain how the process works. An Acas conciliator will get in touch to discuss your case and, if you agree, contact your employer to see if a settlement can be reached. Conversations during Early Conciliation are confidential, and you decide what information can be shared with your employer. Most claims must go through this step, unless you are part of a group claim or your employer has already started the process.
For a detailed guide on how Early Conciliation works and what to expect, visit the official ACAS Early Conciliation page.
3. Submit a Claim to an Employment Tribunal
If Early Conciliation does not resolve your dispute, Acas will issue you an Early Conciliation Certificate. You will need this certificate number to submit your claim to an Employment Tribunal. The claim must be made using the ET1 form, which you can complete online or download from the government website. When completing the form, clearly state that you are making a claim for wrongful dismissal and provide as much detail as possible about your case, including dates, events, and supporting evidence.
It is important to note that wrongful dismissal claims focus on breaches of contract, such as your employer failing to give you proper notice. If you believe your dismissal was for an automatically unfair reason, or if discrimination was involved, you may also have grounds to claim for unfair dismissal.
4. Time Limits for Filing a Claim
There are strict time limits for bringing a wrongful dismissal claim to an Employment Tribunal. In most cases, you must start the process within three months less one day from the date your employment ended. The Early Conciliation process can extend this deadline, but only for the period you are involved in conciliation. It is vital to keep track of dates and act promptly, as missing the deadline may mean your claim cannot be heard.
For more information on the steps you should take before making a claim, and to understand how wrongful dismissal compares to unfair dismissal, see our guide on Steps to Take Before Making a Claim.
By following these steps and acting within the required time limits, you give yourself the best chance of having your case considered fairly. If you have concerns about your eligibility or what evidence you need, seeking legal advice early can be helpful.
What Happens After You File a Claim
After you file a wrongful dismissal claim, your case will usually proceed to a hearing at an Employment Tribunal. Understanding what happens next can help you prepare and know what to expect.
The Employment Tribunal Hearing Process
Once your claim is accepted, the tribunal will set a timetable for the next steps. This typically includes exchanging evidence and witness statements between you and your former employer. Before the hearing, there may be a preliminary hearing to clarify the issues, set deadlines, or resolve any procedural matters.
At the main hearing, both sides present their case. You’ll have the opportunity to explain why you believe your dismissal was wrongful, provide supporting evidence, and call witnesses. Your employer will also present their side. The tribunal panel, usually made up of an employment judge and, in some cases, two lay members, will ask questions and assess the evidence.
For more detail on what to expect at this stage, you may find it helpful to read the section on What to Expect at the Employment Tribunal within the context of unfair dismissal claims, as many of the procedures are similar.
Possible Outcomes
After considering all the evidence, the tribunal can make several types of decisions:
- Compensation: If your claim succeeds, the most common outcome is a financial award. This usually covers the wages and benefits you would have received during your notice period, as wrongful dismissal focuses on breaches of contract rather than the fairness of the dismissal itself.
- Reinstatement or Re-engagement: In rare cases, the tribunal can order your employer to give you your job back or offer a similar role. However, this is uncommon in wrongful dismissal cases.
- Dismissal of Your Claim: If the tribunal finds in favour of your employer, your claim will be dismissed, and no compensation will be awarded.
For tips on strengthening your case and improving your chances of a successful outcome, see our guide on How to Win Your Wrongful Dismissal Case.
The Role of Legal Representation and Advice
You are not required to have a solicitor to represent you at the tribunal, but legal advice can be invaluable. A legal professional can help you prepare your case, ensure your documents are in order, and represent you during the hearing. Many people choose to represent themselves, but you may also seek support from a trade union, Citizens Advice, or other advice services.
Preparing for the Hearing
Preparation is key to presenting your case effectively. Here are some practical steps:
- Gather Evidence: Collect all relevant documents, such as your employment contract, payslips, dismissal letter, and any correspondence with your employer.
- Prepare Your Witness Statement: This is your chance to tell your side of the story in detail. Make sure it is clear, concise, and supported by evidence.
- Understand the Rules: Familiarise yourself with the Employment Tribunal Rules to ensure you meet all procedural requirements and deadlines.
- Practice Answering Questions: Be ready to answer questions from the tribunal and the employer’s representative about your claim.
What to Expect at the Hearing
On the day, hearings are typically held in public, but they are less formal than court proceedings. You will be given time to present your case, and the tribunal will listen to both sides before making a decision. The outcome may be given on the day or sent to you in writing later.
By understanding the process and preparing thoroughly, you can approach your hearing with greater confidence. For more advice on presenting your case and navigating the tribunal process, explore our related guides.
Compensation and Other Remedies
When you file a wrongful dismissal claim in the UK, you may be entitled to several types of compensation and remedies, depending on the specifics of your case. Understanding what you could receive can help you decide whether to pursue a claim and what to expect from the process.
Types of Compensation for Wrongful Dismissal
The main financial remedy in wrongful dismissal cases is damages for breach of contract. This is because wrongful dismissal is a contractual claim, not a statutory one. The aim is to put you in the position you would have been in if your employer had properly followed the terms of your employment contract.
Notice Pay (Pay in Lieu of Notice):
If your employer dismissed you without giving the required notice stated in your contract (or the statutory minimum, if your contract is silent), you can claim for the pay and benefits you would have received during your notice period. This often includes basic salary, as well as other contractual benefits such as pension contributions, bonuses, or private healthcare, if these would have continued during notice.
Damages for Breach of Contract:
In addition to notice pay, you may be entitled to damages if your employer breached other terms of your contract. For example, if your contract promised a bonus or commission that you lost due to the dismissal, you may be able to claim for that loss as well. However, compensation is generally limited to financial losses directly caused by the breach, and does not cover injury to feelings or stress.
For a detailed breakdown of what you can claim and how compensation is calculated, see our guide on Compensation for Wrongful Dismissal.
Other Possible Remedies
While compensation is the most common remedy, there are other outcomes that may be available in certain situations:
- Declaration of Breach: The court or tribunal may formally declare that your employer breached your contract.
- Injunctions: In rare cases, you can seek an injunction to prevent your employer from acting in breach of contract, although this is unusual in wrongful dismissal cases.
- Costs: In some cases, you may be able to recover legal costs, though this is more common in the civil courts than in employment tribunals.
How is Compensation Calculated?
Compensation is typically based on the losses you suffered due to your employer’s failure to provide proper notice or other contractual entitlements. This is different from claims for unfair dismissal, which may include additional awards such as a basic or compensatory award – learn more about the differences in Types of Compensation for Unfair Dismissal.
For an in-depth explanation of how wrongful dismissal compensation is worked out, including legal precedents and calculation methods, you can refer to the Compensation for wrongful dismissal guidance provided by LexisNexis.
If you believe you have been wrongfully dismissed, understanding your potential remedies is a crucial first step. Be sure to gather all relevant documents, such as your contract and payslips, to support your claim and get the compensation you deserve.
Additional Support and Resources
Additional Support and Resources
Facing dismissal from work can be overwhelming, both financially and emotionally. It’s important to know that you’re not alone, and there are resources and support available to help you through this challenging time. Here’s what you need to know about accessing benefits, protecting your wellbeing, getting legal advice, and exploring related workplace rights.
Claiming Benefits After Dismissal
If you’ve lost your job, you may be entitled to claim certain benefits to help with your living costs while you look for new work. Depending on your circumstances, you might qualify for Universal Credit, Jobseeker’s Allowance, or other support. The rules can vary based on your savings, previous earnings, and the reason for your dismissal. For a detailed guide on what you can claim and how to apply, see Claiming Benefits After Being Sacked.
Looking After Your Mental Health
Being dismissed can take a toll on your mental health, causing stress, anxiety, or even depression. It’s crucial to prioritise your wellbeing during this process. Talk to friends or family about how you’re feeling, and don’t hesitate to seek professional help if you need it. Your employer has a duty to protect your mental health at work, and you have rights even after leaving your job. For practical advice and information on your rights, visit Mental Health and Work: Your Rights.
Getting Legal Help and Advice
Wrongful dismissal claims can be complex, and it’s often helpful to seek expert guidance. You might consider contacting a solicitor who specialises in employment law, or reaching out to organisations like ACAS (Advisory, Conciliation and Arbitration Service) for free, impartial advice. If you’re a member of a trade union, they may also be able to support you through the claims process. Remember, strict time limits apply to bringing claims – generally, you must start your claim within six years of the dismissal for wrongful dismissal in the civil courts, but much shorter deadlines apply to claims in the employment tribunal (usually three months less one day from the date of dismissal).
Related Topics: Redundancy and Unfair Dismissal
Sometimes, issues around dismissal overlap with other areas of employment law, such as redundancy or unfair dismissal. If you think your dismissal might actually be a redundancy situation, or if you’re unsure whether your circumstances qualify as wrongful or unfair dismissal, it’s worth learning more about these topics. For guidance on redundancy, read How to Win Your Redundancy Case. To understand more about unfair dismissal and what support is available after making a claim, see How to File an Unfair Dismissal Claim.
Taking the time to understand your rights and the support available can make a significant difference as you move forward. Whether you’re seeking financial help, emotional support, or legal advice, there are resources to guide you every step of the way.
