Wrongful Dismissal

Wrongful Dismissal occurs when your employer breaches the terms of your employment contract by dismissing you. For example, if your employer does not give you the required notice period before terminating your employment, that would constitute wrongful dismissal.

However, there are exceptions - your employer may be entitled to dismiss you without notice if they can show that the reason for your dismissal was gross misconduct.

Making a claim for Wrongful Dismissal

You can bring a claim for Wrongful Dismissal in the Employment Tribunal. However there is a cap on the amount of compensation that can be recovered: currently this is £25,000.

Depending on the size of your claim, it may be more appropriate to bring a civil claim in the County Court for breach of contract. Bringing a claim in the County Court will allow you to make a larger claim, however there is a Court fee to pay and this will depend on the size of claim you are making.

If you have recently been dismissed and think your employer breached your contract in dismissing you, our employment solicitors can advise on whether you have a claim and whether it is more appropriate to bring your claim in the Employment Tribunal or County Court.

Breach of contract

Not every action an employer takes will amount to an actionable breach of contract. However, if an employee feels that the employer has fundamentally breached the contract of employment without reasonable cause, he or she may consider resigning and claiming constructive dismissal.

It is always worth seeking advice before resigning and claiming constructive dismissal, as without the proper proof and proper procedures, such cases are difficult to succeed in.

Employment Tribunal or County Court?

Where the employee complains of breach of contract during the course of employment or in any event arising out of the termination, there is the right to take the claim to the employment tribunal, which is limited to hearing claims worth a maximum of £25,000. The time limit for a claim to the tribunal is 3 months minus one day from the date of termination or breach.

If your claim is worth more than this amount then you should pursue your claim to the ordinary courts such as the county court. 

If you would like to discuss a potential claim for wrongful or constructive dismissal with a specialist employment solicitor, contact us today on freephone 0800 422 0241 or complete our contact form and we will get back to you.