Wrongful Dismissal Compensation

Wrongful dismissal is a commonly misunderstood term. It is actually a claim for breach of contract and commonly arises when your contract of employment is terminated without providing sufficient notice or without making a payment in lieu of notice. You do not need 2 years’ service to make a claim. If you believe you have been wrongfully dismissed, speak to our expert team for advice.

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Compensation for loss of notice

All employees with more than 1 month’s service are entitled to a minimum notice period. The Employment Rights Act set outs minimum statutory notice periods, however, there is also usually a clause in the contract of employment that says how much notice the employer must give if it wishes to terminate the contract. Often the period of contractual notice is longer than statutory notice.

Where the employer fails to provide the minimum statutory and/or contractual notice, compensation can be claimed.

Compensation may also be claimed where a fixed term contract is ended before the term has expired and without sufficient notice.

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What compensation can be claimed?

An employee can claim compensation for what they would have received, had the correct notice period been given. This will normally include basic salary that would have been earned over the notice period, but can also include other benefits, allowances or bonuses that would have been due, if the notice period had been worked.

However, the precise nature of the claim depends on the wording of the contract.

It is important to note that if the value of your notice period is more than £25,000, you may need to pursue your claim in a County Court, instead of an Employment Tribunal. Our solicitors can advise you on the value of your claim.