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
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
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
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
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.