Wrongful dismissal — how it differs from unfair dismissal

Understand the differences, what you can claim, and how to bring a wrongful dismissal claim in the UK employment tribunal or county court.

Do I need 2 years service to claim wrongful dismissal?

No. Wrongful dismissal is a breach of contract claim, so there's no qualifying period. You can claim from day one of employment.

What compensation can I get for wrongful dismissal?

Compensation is limited to what you've lost due to the breach: notice pay, bonuses due during the notice period, untaken holiday pay, and pension contributions. You cannot claim for future loss of earnings or injury to feelings.

Should I claim in the tribunal or county court?

If your claim is under £25,000, use the employment tribunal (3-month time limit plus ACAS early conciliation). If over £25,000, use the county court (6-year limitation period). The county court may award more but costs more in legal fees.

Can I claim wrongful dismissal if there was gross misconduct?

Not if you were lawfully summarily dismissed for actual gross misconduct. However, if your employer claims gross misconduct but it doesn't actually amount to gross misconduct, or they didn't follow their contractual procedure, you may still have a claim.

What if I was put on garden leave instead of being dismissed?

Garden leave is lawful if your contract allows it and you're paid in full during that period. However, if your contract doesn't permit it, you may have a wrongful dismissal claim for the period you were suspended.

Can I claim both wrongful dismissal and unfair dismissal?

Yes. Wrongful dismissal is a contract claim (breach of notice), and unfair dismissal is a statutory claim (procedure and fairness). You can bring both claims at the same time if you have 2 years' service.

What is the time limit for claiming wrongful dismissal?

In the tribunal, it's 3 months from termination plus ACAS early conciliation (ERA 1996 s.111; source: acas.org.uk/early-conciliation). In the county court, you have 6 years to claim from the date of the breach.

Wrongful dismissal is a breach of contract claim. Learn the key differences from unfair dismissal, what you can claim, and how to bring a claim.

Wrongful dismissal — how it differs from unfair dismissal

No qualifying period

What is wrongful dismissal?

Wrongful dismissal occurs when you are dismissed without the notice period your employment contract entitles you to, or without following a contractual disciplinary procedure you are entitled to.

It is a breach of contract claim, not a statutory employment law claim. This is the crucial difference from unfair dismissal.

Wrongful dismissal includes:

• Dismissed without notice or with less notice than your contract requires
• Summary dismissal (immediate termination) without gross misconduct actually being present
• Dismissal in breach of a disciplinary or appeal procedure written into your contract
• Constructive wrongful dismissal (rare: resignation due to breach of contract, then claiming the employer breached)

Unlike unfair dismissal, there is no 2-year qualifying period. You can claim wrongful dismissal from your first day of employment.

Wrongful vs unfair dismissal

What you can claim in wrongful dismissal

Compensation for wrongful dismissal is limited to quantifiable financial loss caused by the breach of contract. This is more restricted than unfair dismissal compensation.

Your basic weekly pay × the number of weeks notice your contract entitles you to (capped at £751/week for tribunal claims).

Bonuses due during notice

Any bonuses or commission you would have earned during the notice period.

Holiday pay accrued but not taken at the date of termination (usually pro-rated to the termination date).

Pension contributions

Employer pension contributions that would have been paid during the notice period.

What you CANNOT claim:

• Future loss of earnings (wages you'd have earned after the notice period ends)
• Injury to feelings or distress (that's for discrimination claims)
• Loss of benefits (car, health insurance) after the notice period

How to bring a wrongful dismissal claim

The route you take depends on the amount you're claiming. Both have strict time limits and require ACAS early conciliation (tribunal route only).

Employment tribunal (up to £25,000)

• Complete ACAS early conciliation (free). ACAS will try to help you reach an agreement.
• Submit your ET1 claim form to the tribunal within 3 months of the date of termination.
• If you've done ACAS conciliation, the 3-month limit extends by 2 weeks.
• There is no tribunal fee — Employment Tribunal fees were abolished in 2017 (R (UNISON) v Lord Chancellor [2017] UKSC 51).
• The tribunal hears the case and awards compensation if successful.

County court (over £25,000)

• Instruct a solicitor. County court claims are more complex and usually require legal representation. You'll incur legal fees.
• Issue a claim before the civil court. You have 6 years from the date of the breach.
• The case may be settled early, or may proceed to trial.
• The court awards compensation if successful, plus may order the defendant to pay some of your legal costs.

Key point: ACAS early conciliation

Before bringing a wrongful dismissal claim in the tribunal, you must contact ACAS for early conciliation.

This is free and your time limit is paused while it happens (usually 1 month).

Frequently asked questions

Ready to bring your wrongful dismissal claim?

Use Start My Claim to prepare and submit your ET1 form, gather evidence, and track your case from start to finish.

Check what your case is worth — free

Your claim, estimated

What could you actually be owed?

No sign-up, no card, no email. Your numbers just appear below as you type — then you decide whether to build the full case.

Start My Claim is not a law firm. Content is for informational purposes only and does not constitute legal advice.

© 2026 Vindivo Limited