Wrongful Dismissal
Wrongful dismissal is a breach of contract claim arising from an employer terminating an employment contract in breach of its terms — most commonly by failing to give contractual or statutory notice (or pay in lieu of notice). Unlike unfair dismissal, there is no qualifying period of employment, and the claim can be brought by any employee. Compensation is typically limited to the loss suffered during the notice period.
Wrongful dismissal differs from unfair dismissal: it is purely a contract claim with no qualifying period of employment, no tribunal fee waiver, and compensation limited to earnings lost during the notice period (less any mitigation). The statutory minimum notice is one week per complete year of service up to a maximum of 12 weeks. Claims can be brought in the Employment Tribunal (up to £25,000) or in the county or High Court for higher amounts. Summary dismissal — dismissal without notice — is only lawful where there is a repudiatory breach by the employee (such as gross misconduct). Employees must mitigate their loss by seeking new employment. Claims must be brought within three months (tribunal) or six years (civil court) of dismissal.