Wrongfully Dismissed?

How it differs from unfair dismissal, and what you can claim

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Wrongful dismissal and unfair dismissal sound like the same thing. They're not.

They're two different claims with different rules, and you may have one, the other or both.

Knowing which applies to you can make a real difference to what you're owed.

What is wrongful dismissal?

Wrongful dismissal is when your employer ends your job in a way that breaks your employment contract.

The most common example is dismissing you without the notice you're entitled to, or without pay in lieu of notice (a payment instead of working your notice).

It's about your contract, not about whether the decision was fair. And it applies from day one: there's no minimum length of service.

What is unfair dismissal?

Unfair dismissal is a right given by law. Your employer must have a fair reason for dismissing you, such as conduct, capability or redundancy, and must follow a fair process.

Most people currently need two years' service to claim. If your employment ends on or after 1st January 2027, that falls to six months.

Some reasons, such as whistleblowing or pregnancy, are automatically unfair from day one.

The key differences

• What it's about. Wrongful: did your employer break your contract? Unfair: were the reason and the process fair?
• Length of service. Wrongful: none needed. Unfair: two years, or six months if your employment ends on or after 1st January 2027.
• What you can get. Wrongful: usually the pay and benefits you would have had during your notice period. Unfair: a 'basic award', worked out from your age, pay and length of service, plus a 'compensatory award' for the earnings you've lost.
• Where to claim. Wrongful: the employment tribunal (up to £25,000) or the civil courts (the County Court or High Court). Unfair: the employment tribunal only.

When wrongful dismissal matters most

Sacked on the spot for gross misconduct:

For unfair dismissal, a tribunal asks whether your employer reasonably believed you did it.

For wrongful dismissal, the tribunal decides for itself whether you really did something serious enough to justify no notice. That can help you even when the process looked fair.

Short service: If you don't have enough service to claim unfair dismissal, a wrongful dismissal claim may still get you your notice pay.

Long notice periods: If your contract gives you three, six or twelve months' notice, a wrongful dismissal claim can be worth a lot.

Fixed-term contracts: A fixed-term contract is one that ends on a set date. If it's ended early and has no clause allowing that, you may be owed pay for the rest of the fixed term.

What you could be owed

Compensation aims to put you where you would have been if your employer had given you proper notice. That's usually your pay and the value of your benefits, such as pension contributions and a company car, for the notice period.

See what pay in lieu of notice should include.

From the day you're dismissed, you're expected to look for new work. This is called 'mitigating your loss'. If your contract has no PILON clause, money you earn in a new job during the notice period may reduce what you get.

Your deadline

In the employment tribunal, wrongful dismissal claims follow the same deadline as unfair dismissal.

For dismissals on or after 1st October 2026, you normally have six months less one day from the date your employment ends.

You must start Acas early conciliation first. See here for more on the new tribunal deadline.

In the civil courts, you have up to six years, which can matter for larger claims.

How Grapple Law can help

Grapple Law is a legal AI. It helps you work out which claims you may have, what they could be worth and what your deadline is.

It can then help you write to your employer, challenge the dismissal and push for a fair settlement.

Grapple Law is free to start, with a choice of legal services at a fraction of the cost of a traditional solicitor.

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Frequently asked questions about wrongful dismissal

Can I claim wrongful and unfair dismissal together?

Yes. They're often brought together in the same tribunal claim, but you can't be paid twice for the same loss.

I resigned. Can it still be wrongful dismissal?

It can, if you resigned because your employer seriously broke your contract. That's constructive dismissal, and it can be wrongful as well as unfair.

I was paid in lieu of notice. Can I still claim?

Usually only if the payment was too low, for example if it used the wrong notice period or left out pay or benefits you were entitled to.

Can I claim a bonus I would have earned during my notice period?

Yes, if your contract entitled you to that bonus.

A 'discretionary' bonus, which your employer can choose whether to pay, is much harder to claim.

Find out more

• Unfair Dismissal
• Constructive Dismissal
• Accused of Gross Misconduct? Your Rights and How to Respond
• Notice Pay and Pay in Lieu of Notice (PILON): What You're Owed