If your employer terminates your employment in a way that breaches your contract, you may be able to claim for wrongful dismissal.
This would apply if you have been:
- dismissed with no – or inadequate – notice
- working on a fixed term contract and dismissed before its expiry date
- dismissed in breach of contractual disciplinary procedures
- dismissed in breach of contractual redundancy procedures
You can claim for wrongful dismissal in two ways:
- before the civil courts within six years of your dismissal – there’s no upper limit on how much you can claim
- before an employment tribunal within three months of dismissal – the amount you can claim for wrongful dismissal in an employment tribunal is currently £25,000.
A claim for wrongful dismissal is usually limited to either your contractual or the statutory notice period. If you don’t have a notice period written into your contract, or you were working with no written contract at all, the statutory minimum will apply.
Here’s how that’s calculated:
- working for less than a month: no notice required
- working for more than one month and up to two years: one week
- working for two years: two weeks
- for every year after two years: add one additional week up to a maximum of 12 weeks
Get help from Greenways Law
At Greenways Law, we’ll help you assess whether you have a case to claim for wrongful dismissal. If you have, we’ll advise you on where best to bring your claim and support you at every step of the process.