Unfair & Wrongful Dismissal
Losing your job can be one of the most stressful things that happens in a working life, especially when it feels like it was handled badly or for the wrong reasons. Unfair dismissal and wrongful dismissal are often confused, but they are separate legal claims with different tests. We help you work out which, if either, applies to your situation.
What the law says
Unfair dismissal is a right created by the Employment Rights Act 1996. To bring an ordinary unfair dismissal claim, you generally need at least two years' continuous service with your employer. Your employer must show the dismissal was for a potentially fair reason, such as conduct, capability, redundancy, a legal restriction, or "some other substantial reason", and that they followed a fair procedure given the circumstances. A fair procedure usually means a proper investigation, a genuine opportunity for you to respond, and a right of appeal.
Some dismissals are treated differently. A dismissal can be automatically unfair where the reason relates to certain protected matters, such as pregnancy or maternity, whistleblowing, or asserting a statutory right. In these cases there is generally no minimum length of service required, because the law treats the underlying reason as unacceptable regardless of how long you had worked there.
Wrongful dismissal is a different, older concept: it is a breach-of-contract claim, most commonly about notice. If your contract entitled you to a period of notice, or pay in lieu of notice, and your employer ended your employment without honouring that entitlement, you may have a wrongful dismissal claim regardless of whether the dismissal was otherwise fair or unfair. Wrongful dismissal does not depend on length of service in the way ordinary unfair dismissal does.
Tribunal claims for both types of dismissal are usually subject to a strict time limit of three months less one day from the effective date of termination, and you must normally contact ACAS for early conciliation before a claim can be lodged.
How RGF helps
We start by looking at the facts: your length of service, the reason you were given for dismissal, and whether a proper process was followed. If your dismissal relates to a protected reason, we look carefully at whether it may be automatically unfair, since that changes both the strength of your case and whether the two-year service rule applies at all.
Where notice pay has not been honoured, we assess your contract and calculate what you are owed. We advise on the realistic strength of your position before you commit to any formal step, and where a claim is worth pursuing, we handle ACAS early conciliation and the tribunal process on your behalf.
What to do next
Speak to one of our solicitors to find out where you stand. We will explain your options in plain English before you decide what to do next.
Frequently asked questions
What is the difference between unfair and wrongful dismissal?
Unfair dismissal is a statutory claim about whether your employer had a fair reason to dismiss you and followed a fair process. Wrongful dismissal is a breach-of-contract claim, usually about notice pay: your employer ended your employment without giving you the notice your contract entitled you to, or paying you in lieu of it. The two claims can overlap, but they are assessed differently and it is possible to have one without the other.
How long do I need to have worked there to claim unfair dismissal?
For an ordinary unfair dismissal claim you generally need at least two years of continuous employment with the same employer. There are important exceptions: if your dismissal relates to certain protected reasons, such as pregnancy, whistleblowing, or asserting a statutory right, it can be automatically unfair with no minimum length of service at all.
What counts as a fair reason to dismiss someone?
The Employment Rights Act 1996 sets out potentially fair reasons, including conduct, capability, redundancy, a legal restriction that prevents you continuing in the role, or "some other substantial reason". Having a potentially fair reason is only the first step. Your employer also has to show they acted reasonably and followed a fair procedure in the circumstances.
How long do I have to bring a claim?
The usual time limit for both unfair and wrongful dismissal claims in the employment tribunal is three months less one day from the date your employment ended. Before you can submit a claim, you must normally contact ACAS for early conciliation, which can extend the window. These time limits are strict, so it is worth getting advice as soon as possible after a dismissal.