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Wrongful Dismissal

In common law, you will have a claim for damages against your employer, if your employer has dismissed you in breach of contract, for example by failing to pay you your notice period. This breach of contract action is known as “wrongful dismissal.”

If there is no dismissal, there cannot be a claim for wrongful dismissal and instead, you will have a claim for breach of contract.

A claim for “wrongful dismissal” can be pursued in the Civil Courts or the Employment Tribunal. The time limit for issuing a claim in Civil Courts is six years and there is no upper limit on the level of damages which may be awarded.

If a wrongful dismissal claim is pursued in the Employment Tribunal then any award will be capped at the sum of £25,000. There are strict time limits for bringing a claim in the Employment Tribunal which is within three months of termination.  You should be aware that once you have issued a claim against your employer for wrongful dismissal they will be able to raise a counter claim alleging that you also have breached the contract of employment. 

 

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  • Limits

    If a wrongful dismissal claim is pursued in the Employment Tribunal then any award will be capped at the sum of £25,000. There are strict time limits for bringing a claim in the Employment Tribunal which is within three months of termination.