Wrongful Dismissal Guide
Wrongful dismissal occurs when your employer terminates your employment in breach of your contract, typically by failing to give you proper notice or pay in lieu. This guide explains how to bring a wrongful dismissal claim in the Employment Tribunal.
Quick Reference
What is Wrongful Dismissal?
Wrongful dismissal is a breach of contract claim. It arises when your employer dismisses you without giving you the notice period required by your employment contract (or without paying you in lieu of that notice).
Unlike unfair dismissal, wrongful dismissal doesn't depend on whether the dismissal was fair or followed a proper procedure. It's purely about whether your employer breached the contract by not giving you proper notice.
The main remedy for wrongful dismissal is compensation for the net pay you would have earned during your notice period. In the Employment Tribunal, this is capped at £25,000, but you can bring a claim in the civil courts (County Court or High Court) if your loss exceeds this amount.
Wrongful vs Unfair Dismissal
Wrongful dismissal is about breach of contract - did your employer fail to give you proper notice or pay in lieu?
Unfair dismissal is about fairness and procedure - did your employer have a fair reason to dismiss you and follow a fair process under employment law? Unfair dismissal requires 2 years' service.
Many employees bring both claims together if they have 2+ years' service, because the issues can overlap. For example, if you were dismissed for alleged misconduct without notice, you might argue: (1) wrongful dismissal - the misconduct wasn't serious enough to justify instant dismissal; and (2) unfair dismissal - the employer didn't follow a fair disciplinary procedure.
What You Need to Prove
How to Make Your Claim
Start ACAS Early Conciliation
Before filing your ET1, you must contact ACAS for early conciliation. ACAS will attempt to facilitate a settlement. This is mandatory and pauses the time limit. You'll receive an early conciliation certificate (with an ACAS reference number) that you need to submit your claim.
Even if you don't want to settle, you must go through this process. ACAS conciliation typically lasts up to one month.
Gather Your Evidence
Collect all documents relevant to your dismissal and notice entitlement:
- Your employment contract (especially the notice period clause)
- Offer letter and any subsequent contract variations
- Staff handbook or policies referencing notice periods
- Dismissal letter or email
- Payslips showing your salary and final pay
- Any correspondence about the reasons for dismissal
If your employer is claiming gross misconduct, gather evidence rebutting their allegations.
Generate Your Particulars of Claim
Use ET1 Claim to draft your Particulars of Claim. You'll need to set out:
- The existence of the employment contract and your notice entitlement (contractual or statutory)
- The date of dismissal (effective date of termination)
- That you were dismissed without proper notice or payment in lieu
- Your loss - calculate the net pay you would have received during the notice period
- Any mitigation (e.g., new job obtained during notice period)
ET1 Claim will format this clearly and professionally.
Submit Your ET1 Claim Form
Complete and submit your ET1 to the Employment Tribunal before the 3-month deadline. You'll need:
- Your ACAS early conciliation certificate number
- Your Particulars of Claim (from ET1 Claim or your own draft)
- Details of your employment dates, job title, and pay
- Details of your employer
The ET1 is submitted online via the gov.uk portal. Keep a copy of everything you submit.
Prepare for the Hearing
After submitting your claim, the tribunal will send a copy to your employer, who must file an ET3 response. Review their defence carefully - they may claim gross misconduct or dispute your notice entitlement.
Prepare your witness statement, organise your documents into a bundle, and practice your evidence. Wrongful dismissal hearings are typically shorter than unfair dismissal hearings, often focusing on the contractual notice period and whether gross misconduct occurred.
Consider whether you need legal representation, especially if the amounts are high or the case is legally complex.
Tips for a Stronger Claim
- Check contractual vs statutory notice: Your notice entitlement is the higher of your contractual notice (in your contract) and the statutory minimum (1 week per year of service, up to 12 weeks). Make sure you claim the correct amount.
- Keep your dismissal letter: The dismissal letter is crucial evidence. If your employer didn't give reasons or didn't mention gross misconduct, that strengthens your case.
- Calculate your loss carefully: Your compensation is your net earnings during the notice period you should have received, minus any amounts already paid and any earnings from a new job during that period (mitigation).
- Check for gross misconduct allegations: If your employer claims gross misconduct justified summary dismissal, you'll need strong evidence to rebut this. Review their allegations carefully and gather contradictory evidence.
- Consider an unfair dismissal claim too: If you have 2+ years' service, you may also have an unfair dismissal claim. These often run in parallel. Unfair dismissal can lead to higher compensation (including a basic award and compensatory award beyond the notice period).
- Act quickly on the County Court option: If your notice pay exceeds £25,000, you may want to claim in the County Court instead of the Employment Tribunal to avoid the cap. Seek legal advice early if this applies to you.
Calculating Your Loss
Your compensation for wrongful dismissal is the net pay you would have earned during your contractual notice period, minus:
- Any notice pay already paid by your employer
- Any earnings from a new job obtained during the notice period (mitigation)
For example, if your contractual notice was 3 months and you earn £3,000 net per month, your gross loss is £9,000. If your employer paid you 1 month's notice pay and you found a new job after 6 weeks, your actual loss would be around £4,500 (6 weeks' net pay).
Remember the £25,000 cap in the Employment Tribunal. High earners with long notice periods may exceed this and should consider the County Court.
The Gross Misconduct Defence
The most common employer defence to a wrongful dismissal claim is that you were guilty of gross misconduct, which justified summary dismissal (instant dismissal without notice).
Gross misconduct typically includes serious acts such as theft, fraud, physical violence, serious insubordination, or gross negligence. The burden is on the employer to prove gross misconduct occurred.
If your employer is raising this defence, you'll need to:
- Challenge the factual allegations (e.g., show you didn't do what they claim)
- Argue the conduct wasn't serious enough to be "gross" misconduct
- Highlight procedural failures (though these matter more in unfair dismissal claims)
Note that even if you were guilty of some misconduct, it may not be gross misconduct. The question is whether it was so serious that it fundamentally breached the employment relationship.
Related Guides
Unfair Dismissal Claims
Learn how to bring an unfair dismissal claim if you have 2+ years' service.
Constructive Dismissal
Guide to resigning due to your employer's breach of contract.
Unlawful Deduction of Wages
Claim unpaid wages, including notice pay owed to you.
Employment Tribunal Time Limits
Understand the strict deadlines for submitting your claim.
Ready to start your wrongful dismissal claim?
Generate professional Particulars of Claim for your breach of contract claim.
Start Your ClaimFrequently Asked Questions
What is wrongful dismissal?
Wrongful dismissal occurs when your employer terminates your employment in breach of your contract, typically by failing to give you proper notice or pay in lieu of notice. It's a breach of contract claim, not a statutory employment right claim.
What's the difference between wrongful dismissal and unfair dismissal?
Wrongful dismissal is about breach of contract - whether your employer followed the contractual terms when dismissing you. Unfair dismissal is about whether the dismissal was fair in substance and procedure under employment law. Unfair dismissal requires 2 years' service; wrongful dismissal doesn't. You can sometimes claim both.
What's the £25,000 cap in the Employment Tribunal?
The Employment Tribunal can only award up to £25,000 for wrongful dismissal claims. If your notice pay would exceed this (e.g., you're a high earner with a long notice period), you may want to bring your claim in the County Court or High Court instead, where there's no cap.
Can I claim wrongful dismissal in the County Court instead of the Employment Tribunal?
Yes. Wrongful dismissal is a breach of contract claim, so you can bring it in either the Employment Tribunal or the civil courts. The County Court has no £25,000 cap, but it may involve more legal costs. Many claimants use the ET because it's simpler and cheaper.
What is gross misconduct and how does it affect my claim?
Gross misconduct is serious wrongdoing that justifies instant dismissal without notice (e.g., theft, fraud, violence). If your employer can prove gross misconduct, they had the right to dismiss you without notice and your wrongful dismissal claim will fail. Many wrongful dismissal defences hinge on this issue.
What's the time limit for wrongful dismissal claims?
In the Employment Tribunal, you must submit your ET1 within 3 months less 1 day of your dismissal (the effective date of termination). ACAS early conciliation pauses this deadline. In the County Court, the time limit is 6 years, but it's usually best to act quickly.