Wrongful Dismissal Lawyers in London
If your employer has dismissed you without providing notice, notice pay or other contractual rights to which you were entitled, then you may have a claim for wrongful dismissal.
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Wrongful Dismissal Lawyers in London
If your employer has dismissed you without providing notice, notice pay or other contractual rights to which you were entitled, then you may have a claim for wrongful dismissal.
Wrongful dismissal is essentially a breach-of-contract claim, focusing on whether your employer complied with the terms of your employment contract when ending your employment. Our wrongful dismissal lawyers can advise you on your rights and support you in pursuing a claim where possible.
What Is Wrongful Dismissal?
Wrongful dismissal is a dismissal in breach of an express or implied term of the employment contract. The key question is whether the employer breached the contract and caused the relevant employee loss.
A common example is an employee being dismissed without the notice they were meant to be given. Or where a fixed-term contract is ended early without a contractual right to end it.
In contrast to unfair dismissal (which concerns whether an employer acted fairly), wrongful dismissal is about whether the employer complied with the relevant contract. If the contract was breached and that breach caused financial loss, then the employee may be able to pursue a claim for damages.
Understanding Notice Entitlements
Your notice entitlement may arise from the statutory minimum notice period, an express contractual notice provision or an implied right to reasonable notice. The relevant contractual entitlement cannot be less than the statutory minimum.
In practice, many contracts provide longer notice periods, particularly for senior employees.
An employer may dismiss without notice where the employee has committed a repudiatory (i.e. a fundamental) breach of contract — which is commonly referred to as gross misconduct. In a wrongful dismissal claim, the employer needs to show that the relevant misconduct happened and was serious enough to justify their summary dismissal.
At least one week's notice where the employee has worked for at least one month but less than two years
One week's notice for each complete year of service where the employee has worked for at least two years but less than 12 years
12 weeks' notice where the employee has worked for 12 years or more
Wrongful Dismissal vs Unfair Dismissal
Wrongful dismissal and unfair dismissal are entirely different legal claims and should not be confused.
Wrongful dismissal is a contractual claim. It is based upon whether the employer breached the employment contract when ending the employment relationship. There is no minimum qualifying period of service for bringing a wrongful dismissal claim.
Unfair dismissal is, in contrast, a statutory claim to be brought in the Employment Tribunal. It focuses upon the question of whether the employer had a potentially fair reason and acted fairly.
A dismissal could be wrongful but not unfair, unfair but not wrongful, or both. An employee may argue that their dismissal was both unfair and carried out in breach of contract. In certain cases, both claims may be pursued together. Our employment lawyers can assess your case and advise you on which claims may be available to you based on your specific circumstances.
What Can You Recover?
The purpose of wrongful dismissal compensation is to place you in the financial position you would have been in had the contract been properly performed and lawfully terminated.
Damages will usually reflect the net value of salary, benefits and other contractual entitlements the employee would have received during the relevant notice period.
An employee claiming damages is generally expected to take reasonable steps to reduce their loss by seeking suitable alternative employment. Earnings from replacement work during the relevant period may reduce the damages recoverable.
Where and When Can I Bring a Claim?
Wrongful dismissal claims may be brought in the Employment Tribunal or the civil courts.
The tribunal can award damages or another sum due under the contract but cannot grant an injunction or declaration. The civil courts may grant damages and, where appropriate, a declaration or injunction.
In the Employment Tribunal damages for wrongful dismissal and other contractual claims are capped at £25,000, whilst no equivalent cap applies in the civil courts.
The appropriate forum for your dispute will depend upon the value and nature of the claim — specialist legal advice should be obtained at a preliminary stage in order to determine the best approach.
For England and Wales, where the effective date of termination of the contract giving rise to a wrongful dismissal claim occurs on or after 1 October 2026, the usual Employment Tribunal time limit is six months from the termination date. This is due to important changes under the Employment Rights Act 2025. Where it occurs before 1 October 2026, the usual limit is three months.
How We Can Help
Our employment lawyers advise employees on all aspects of wrongful dismissal — including notice disputes, PILON clauses, gross misconduct allegations, fixed-term contract claims, contractual disciplinary procedure disputes and compensation matters.
We also act for employers and support them in responding to wrongful dismissal disputes and claims.
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