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Wrongful Dismissal

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

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