What is Wrongful Dismissal?
Wrongful dismissal occurs when your employer breaches the terms of your employment contract by ending your job without giving the required notice, or by failing to follow the proper process set out in your contract. In UK employment law, wrongful dismissal is a contractual issue – it’s about whether your employer has honoured the terms agreed between you and them, rather than whether the dismissal was "fair" in a broader sense.
It’s important to understand the difference between wrongful dismissal and Unfair Dismissal. While wrongful dismissal focuses on breaches of contract (such as not giving proper notice), unfair dismissal is about whether your employer had a valid reason and followed a fair procedure when dismissing you. If you’re unsure which applies to your situation, you can learn more in our guide to How to File an Unfair Dismissal Claim.
Common examples of wrongful dismissal include being dismissed without the notice period your contract requires, or being let go in a way that breaks specific terms of your employment agreement. For instance, if your contract says you are entitled to one month’s notice but your employer only gives you a week, this may be wrongful dismissal. If your employer dismisses you without following the proper disciplinary procedures outlined in your contract, that can also be wrongful.
Understanding wrongful dismissal matters because it protects your contractual rights at work. If your employer breaches these rights, you may be entitled to compensation. The rules on notice periods and dismissal procedures are set out in the Employment Rights Act 1996, which is the main law governing employment rights in the UK. Knowing your rights can help you decide on your next steps if you believe you have been dismissed wrongly.
Difference Between Wrongful Dismissal and Unfair Dismissal
When dealing with dismissal from your job, it’s important to understand the difference between wrongful dismissal and unfair dismissal, as they are separate legal concepts under UK employment law.
Wrongful dismissal happens when your employer breaches your employment contract – most commonly by failing to give you the correct notice period or by not following the terms set out in your contract. This is a contractual issue, not about whether the employer had a fair reason to dismiss you.
Unfair dismissal, on the other hand, is based on statutory rights under the Employment Rights Act 1996. It looks at whether your employer had a fair reason for dismissing you and whether they followed a fair process. Not all employees are eligible to claim unfair dismissal; for example, you usually need to have worked for your employer for at least two years.
The remedies for these claims also differ. If you win a wrongful dismissal claim, you are generally entitled to compensation for lost earnings and benefits during your notice period. Unfair dismissal claims can lead to reinstatement, re-engagement, or compensation, which may include a basic and compensatory award.
To learn more about how unfair dismissal claims work and how they differ from wrongful dismissal, visit our guide on How to File an Unfair Dismissal Claim.
Am I Eligible to Claim Wrongful Dismissal?
To claim wrongful dismissal in the UK, you must typically be an employee with a valid contract of employment. Unlike unfair dismissal, there is no minimum length of service required, but your claim must relate to a breach of your contract – such as not being given proper notice or pay in lieu of notice. It’s important to carefully review your employment contract and the circumstances of your dismissal, as these details determine if your case qualifies.
If you’re unsure about your contract terms, you can learn how to request your employment contract from your employer. For a detailed breakdown of who can claim and what situations meet the legal criteria for wrongful dismissal, see our dedicated section: Am I Eligible to Claim Wrongful Dismissal?
If you’re also considering whether your situation could be classed as unfair dismissal, you may wish to compare the requirements outlined in Check Your Eligibility to File a Claim.
How to Identify If Your Dismissal Was Wrongful
Identifying whether your dismissal was wrongful depends on the circumstances and the terms of your employment contract. Wrongful dismissal typically occurs when your employer breaches the contract – most often by not giving you the correct notice period or failing to follow the agreed dismissal procedure.
Signs that your dismissal may be wrongful include:
- You were dismissed without the notice period stated in your contract, or no notice was given at all.
- Your employer did not follow the disciplinary or dismissal procedures outlined in your contract or company policies.
- You were dismissed in a way that breaches other contractual terms, such as pay in lieu of notice or agreed redundancy procedures.
Employers are legally required to follow fair and reasonable procedures when dismissing staff. The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum standards employers should meet. If your employer ignored these guidelines, it may strengthen your case for wrongful dismissal.
Your employment contract is central to a wrongful dismissal claim. Check your contract for details about notice periods, disciplinary steps, and termination rights. For more on your legal entitlements, see our guides to Notice Periods for Dismissal and Notice and Termination.
Procedural errors – such as failing to carry out a proper investigation or not allowing you to respond to allegations – can also lead to a wrongful dismissal claim. Understanding what a Fair Dismissal Procedure looks like can help you spot where your employer may have gone wrong.
If you’re unsure whether your situation counts as wrongful dismissal, or if you want to explore related issues like unfair dismissal, it’s a good idea to seek legal advice or support early on. You can also learn more about the difference between wrongful and unfair dismissal in our guide to How to File an Unfair Dismissal Claim.
What to Do If You Believe You Have Been Wrongfully Dismissed
If you believe you have been wrongfully dismissed, it’s important to act quickly and take the right steps to protect your rights. Here’s what you should do:
1. Review Your Dismissal:
First, ask your employer for a written explanation of your dismissal if you haven’t already received one. This can help clarify the reasons given and whether your contract was breached.
2. Gather Evidence:
Collect all relevant documents, such as your employment contract, payslips, emails, letters, and any correspondence related to your dismissal. These can be crucial if you decide to make a claim.
3. Seek Advice:
Consider speaking to an advisory body or a legal professional who specialises in employment law. They can help you understand your rights and the strength of your case.
4. Be Aware of Time Limits:
Claims for wrongful dismissal must usually be made within six years in the civil courts, but if you are also claiming unfair dismissal at an employment tribunal, the time limit is much shorter – typically three months less one day from the date your employment ended.
5. Consider Alternative Dispute Resolution:
Before taking formal action, you might want to try resolving the issue through mediation or another form of dispute resolution. This can sometimes lead to a quicker and less stressful outcome.
If you want to learn more about preparing your case and what steps to take before making a claim, see our guide on Steps to Take Before Making a Claim.
Taking these steps can help ensure you are well-prepared, whether you choose to negotiate with your employer or pursue a formal claim for wrongful dismissal.
How to File a Wrongful Dismissal Claim
If you believe you have been wrongfully dismissed, you can challenge your employer by making a claim to an employment tribunal. The process is governed by strict rules and deadlines – typically, you must start your claim within three months of your employment ending or the issue occurring. Before submitting your claim, you are required to contact Acas for early conciliation, which may help resolve the dispute without going to tribunal.
To file your claim, you’ll need to gather key documents such as your employment contract, termination letter, and any relevant correspondence. The tribunal will consider whether your employer breached your contract when dismissing you. Possible outcomes include compensation for lost earnings or, in rare cases, reinstatement to your job.
For a step-by-step guide on preparing and submitting your claim, including what documents you’ll need and what to expect from the process, see our detailed page: How to File a Wrongful Dismissal Claim.
If you are unsure whether your situation involves wrongful or unfair dismissal, you may also find it helpful to read about the differences and processes involved in How to File an Unfair Dismissal Claim. For official information and support on employment tribunals, including deadlines, procedures, and appeals, visit the government’s Guidance on Employment Tribunals.
Compensation for Wrongful Dismissal
If you have been wrongfully dismissed, you may be entitled to compensation that reflects the financial loss caused by your employer’s breach of contract. Typically, this includes pay and benefits you would have received during your notice period, as outlined in your employment contract or under statutory notice rules. Compensation is usually calculated based on your normal pay, but there are limits and caps that can apply, especially if your contract specifies a maximum amount or if statutory limits are in place.
The amount awarded for wrongful dismissal can vary depending on your circumstances. For example, if you were dismissed without notice and your contract entitled you to one month’s pay, your compensation would usually be equivalent to one month’s salary and benefits. However, compensation does not cover losses for distress or injury to feelings, which are handled differently under unfair dismissal claims.
To better understand the types of compensation available, how they are calculated, and examples of typical awards, see our dedicated guide on Compensation for Wrongful Dismissal.
If you are also interested in how compensation for unfair dismissal compares, you can read more about the Types of Compensation for Unfair Dismissal.
How to Win Your Wrongful Dismissal Case
Building a strong wrongful dismissal case involves careful preparation and a clear understanding of your legal rights. Success often depends on collecting solid evidence, such as your employment contract, correspondence with your employer, and any relevant witness statements. It’s also important to avoid common mistakes, like missing deadlines or failing to follow your employer’s grievance procedures.
Seeking legal advice early can greatly improve your chances, as an expert can help you identify the right legal arguments and ensure you comply with the necessary steps under UK employment law, such as those set out in the Employment Rights Act 1996.
For detailed, step-by-step guidance on gathering evidence, presenting your case, and avoiding pitfalls, see our dedicated advice on How to Win Your Wrongful Dismissal Case.
If you’re also interested in the differences between wrongful and unfair dismissal, or want tips on collecting evidence for similar claims, you may find it helpful to read about Gathering Evidence to Support Your Case.
Appealing a Dismissal Decision
If you believe your dismissal was wrongful, you have the right to appeal your employer’s decision. Most employers should have a clear appeals process set out in your contract or staff handbook. This process is supported by the ACAS Code of Practice, which recommends that all employees be given the chance to challenge a dismissal.
To start your appeal, you usually need to write to your employer, outlining why you believe the dismissal was unfair or in breach of contract. It’s important to check any deadlines – many employers require appeals to be made within a specific timeframe, often within five working days of the dismissal.
During the appeal, your employer should review their original decision, often involving a meeting where you can present your case. You can usually bring a colleague or trade union representative for support. The outcome should be confirmed in writing.
Appealing is often a required first step before taking your case further. In some cases, you may need to follow the appeal process before you can bring a claim to an employment tribunal. For more detailed guidance on the process, visit our page on Dismissal Appeals. If you want to know more about who can appeal and how to begin, see How to Start a Dismissal Appeal.
If your appeal is unsuccessful, or if your employer does not have a proper appeals process, you may wish to consider making a formal claim for wrongful dismissal. Deciding whether to appeal or go straight to a claim depends on your circumstances, so it’s worth exploring both options before taking your next steps.
Additional Support and Related Topics
Losing your job due to wrongful dismissal can be overwhelming, but there are practical steps and support available to help you move forward. If you’ve recently been dismissed, you may be entitled to financial support. Our guide to Claiming Benefits After Being Sacked explains what benefits you might be eligible for, such as Universal Credit or Jobseeker’s Allowance, and how to apply.
Job loss can also take a toll on your wellbeing. It’s important to look after your mental health during this time. For advice on managing stress and understanding your rights at work, see Mental Health and Work: Your Rights.
If your employer has used the term “redundancy” in your dismissal, it’s essential to know whether it was genuine and what rights you have. Learn more about your protections and entitlements in cases of Redundancy.
For a broader understanding of your rights and the legal framework around losing your job – including the difference between wrongful and unfair dismissal – explore Dismissal, Termination and Redundancy. If you’re considering challenging your dismissal or want to know about appealing a decision, our section on Dismissal Appeal Eligibility provides further guidance and support options.
