Advice on Wrongful Dismissal Claims

A wrongful dismissal occurs when an employee has been dismissed without notice or without adequate notice; unless the employer was acting in response to a serious breach of contract by the employee (the employee committed an act of gross misconduct). Unlike unfair dismissal claims, there is no qualifying period to pursue a claim for wrongful dismissal. Therefore, employees may pursue a wrongful dismissal claim irrespective of their length of service.

Claims of wrongful dismissal may be pursued in an Employment Tribunal or a County Court. The limitation period for bringing a claim in an Employment Tribunal is normally within three months of the dismissal, however the time limit is six years if the claim is pursued in a County Court.

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