Wrongful Dismissal & Breach of Contract
Wrongful dismissal is a breach-of-contract claim, not a statutory one. It asks a simple question — did the employer terminate your employment in breach of the contract, particularly by not giving the notice you were entitled to? It can run alongside an unfair dismissal claim, and unlike unfair dismissal it doesn't need any minimum service.
Cases on file
1188
Claimant win rate
57%
Cases reaching a determination
Median damages awarded
£10,184
Where compensation was awarded
How claims actually progress
Many unfair dismissal claims never reach a hearing on the merits — they're struck out, out of time, or fall outside the tribunal's jurisdiction. This is independent of why the dismissal happened.
978
82% of allTribunal decided whether the dismissal was fair.
65
5% of allClaim ended early — usually for non-attendance, non-compliance, or no reasonable prospect.
83
7% of allClaim filed after the 3-month limit and not extended.
58
5% of allClaimant lacked two years’ service, the right employment status, or the tribunal had no power to hear it.
4
0% of allClaim resolved without a hearing.
How wrongful dismissal differs from unfair dismissal
| Wrongful dismissal | Unfair dismissal | |
|---|---|---|
| Basis | Breach of contract | Statute (ERA 1996) |
| Service required | None | Usually 2 years |
| Limit | County/High Court: unlimited. ET: £25,000 | Capped (statutory max) |
| Question | Was the contract breached? | Was the dismissal reasonable? |
| Procedure | Court rules apply | Tribunal rules |
A typical "no-notice" dismissal generates both claims. The wrongful dismissal claim asks whether the employer was contractually entitled to dismiss without notice; the unfair dismissal claim asks whether the decision to dismiss was reasonable.
Gross misconduct and the summary dismissal defence
Most wrongful dismissal claims turn on whether the employer was entitled to summarily dismiss for gross misconduct. The test is objective:
- The conduct must amount to a repudiatory breach of the contract
- The breach must be by the employee
- The employer must elect to treat the contract as ended
Tribunals and courts have repeatedly held that this is not the same as the unfair dismissal test. A dismissal can be a reasonable response to alleged misconduct (so within the range under unfair dismissal) but the conduct may not actually have amounted to gross misconduct (so wrongful dismissal still succeeds). The Burchell test is a procedural standard for unfair dismissal; wrongful dismissal asks about the objective facts.
What can be recovered
- Notice pay — net of tax and NI, for the period the employee should have been given
- Contractual benefits during the notice period (pension, car allowance, private medical, etc.)
- Contractual bonus if it would have been earned during the notice
- Holiday accrued during the notice period if not already paid
- Mitigation is deducted — earnings from any new role during the notice period reduce the claim
The £25,000 tribunal cap
Section 3(2) of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 caps contract damages in the tribunal at £25,000. Senior employees with long notice periods, large bonus entitlements, or significant deferred compensation usually need to litigate in the County or High Court instead, where there's no cap. Bringing a tribunal claim doesn't bar a parallel court claim, but res judicata principles mean issues decided one way in the tribunal can bind the court.
Garden leave
A clause that requires the employee to stay away from work during the notice period while remaining employed and paid. Used to keep the employee out of the market — and away from competitors — while restricted covenants in the contract are still live. Enforceability turns on the same general restraint-of-trade principles as post-termination restrictive covenants.
Cases on Wrongful dismissal
Showing the 20 most recent of 1188 cases
Former employee v Landmark Space Ltd
A former employee who withdrew her unfair dismissal claim against Landmark Space Ltd could not revive it, even after applying for reconsideration. The tribunal confirmed it has no power to set aside a withdrawal.
Dismissed · Jan 2025Dismissed—Jan 2025Café worker (6 months' service) v Samantha Dalton
A café worker with only six months' service was automatically unfairly dismissed after asking for a written contract. The tribunal awarded over £2,000 including injury to feelings for age discrimination.
Won · £2,068 · Jan 2025Won£2,068Jan 2025Agency worker v Syft Online Limited
An agency worker who worked for less than two years had his unfair dismissal, unpaid wages, and breach of contract claims dismissed by the tribunal, along with human exploitation allegations which the tribunal had no power to hear.
Dismissed · Jan 2025Dismissed—Jan 2025Junior doctor (specialist registrar in Emergency Medicine) v Lewisham and Greenwich NHS Trust
A junior doctor's attempt to obtain a wasted costs order against the solicitors for an NHS Trust was dismissed because a 2018 settlement agreement precluded the application and there was no improper conduct.
Lost · Dec 2024Lost—Dec 2024Taxi driver (private hire vehicle) v Mr R Tidman
A private hire taxi driver was found to be an employee of the vehicle owner and a worker of the dispatch company. He was awarded £5,181.48 for unlawful deduction of wages, but his age discrimination claim was dismissed.
Partial · £5,181 · Jul 2024Partial£5,181Jul 2024Control Room Team Leader (11 years' service) v MTR Corporation (Crossrail) Limited t/a MTR Elizabeth Line
A tribunal found that MTR Elizabeth Line unfairly dismissed a control room team leader of 11 years over a hug and alleged anti-Semitic comments, but reduced compensation by 75% due to his own conduct.
Partial · £23,361 · Jan 2024Partial£23,361Jan 2024Sonographer (9 months' service) v Woodhaze Ltd t/a Window to the Womb (Swansea)
A black African sonographer was racially harassed and discriminated against after being required to perform cleaning duties and threatened with deportation. The tribunal awarded £33,611.12.
Won · £33,611 · Jan 2024Won£33,611Jan 2024Installations Manager (20 years' service) v Park Lane Windows Ltd
A long-serving installations manager was constructively dismissed after being demoted twice without consultation. The tribunal awarded £24,331.
Partial · £24,331 · Dec 2023Partial£24,331Dec 2023Janitor (6 years' service) v Gentoo Group Ltd
A janitor with six years' service was fairly dismissed after CCTV and fob data showed he spent extended periods away from his post. The tribunal rejected his unfair dismissal claim.
Lost · Dec 2023Lost—Dec 2023Housekeeping Assistant (2 years' service) v Athlone House Limited
A housekeeping assistant's unfair dismissal claim was struck out because UK sanctions on the company's owner made it illegal to pay her. The tribunal said the claim had no reasonable prospect of success.
Dismissed · Dec 2023Dismissed—Dec 2023Primary school teacher (19 years' service) v Trafford Council and The Governing Body of Kings Road Primary School
A primary school teacher with 19 years' service was unfairly dismissed for 'irretrievable breakdown' after she raised a grievance alleging race discrimination. The tribunal also found she was victimised.
Won · Dec 2023Won—Dec 2023General Manager (13 years' service) v Inspectorate Limited t/a Roch NDT Services
A General Manager with 13 years' service resigned claiming constructive dismissal after a dispute over a promised reward for a business sale. The tribunal rejected his claim but awarded £326.41 in unpaid holiday pay.
Partial · £326 · Dec 2023Partial£326Dec 2023Former employee v South Coast Skips Limited (in Creditor’s Voluntary Liquidation)
A former employee was unfairly dismissed, wrongfully dismissed without notice, and discriminated against on grounds of sex. The tribunal awarded £16,208.68, including an uplift for the employer's failure to follow the ACAS code.
Won · £16,209 · Dec 2023Won£16,209Dec 2023Band 6 Care Co-ordinator/Community Psychiatric Nurse (15 years' service) v South London and Maudsley NHS Foundation Trust
A Black African community psychiatric nurse with 15 years' service was found to have been discriminated against when two white female colleagues were appointed to a specialist lead role he was qualified for. The tribunal upheld his claims of direct race and sex discrimination and harassment.
Partial · Dec 2023Partial—Dec 2023Former employee v Miss Sparkles 2 You Ltd
A former employee with less than two years' service had her unfair dismissal claim struck out, but won £340 in unauthorised deduction and breach of contract claims.
Partial · £340 · Dec 2023Partial£340Dec 2023Former employee v Zhero Limited
A tribunal granted an employer's late application to defend a claim but ordered it to pay costs for unreasonable conduct, while dismissing a wasted costs application against its former representative.
Partial · Dec 2023Partial—Dec 2023Counter Assistant (9 years' service) v My Plaice Gorleston Limited
A counter assistant who resigned after receiving a written warning for sickness absence lost her unfair dismissal claim, but was awarded £4,777.50 for unpaid holiday pay over nine years.
Partial · £4,778 · Dec 2023Partial£4,778Dec 2023Part-time takeaway worker (2 years' service) v Crispy Cod Ketley Ltd
A part-time takeaway worker was unfairly dismissed by text message after complaining about undercooked chicken. The tribunal awarded £14,628.50 in compensation.
Won · £14,629 · Dec 2023Won£14,629Dec 2023Former employee v C H Latham, The Baker Limited
A former employee has won £4,467.57 after their employer failed to respond to an unfair dismissal and breach of contract claim, leading to a default judgment.
Won · £4,468 · Dec 2023Won£4,468Dec 2023Gymnastics coach v Friendship Society Limited
A gymnastics coach was automatically unfairly dismissed after asserting her right to a written contract and payslips. The tribunal awarded £56,202 including compensation for unlawful wage deductions.
Won · £56,202 · Dec 2023Won£56,202Dec 2023
Use the filters above to drill into specific outcomes, damages ranges, or years.
Frequently asked
- What's the difference between wrongful dismissal and unfair dismissal?
- Wrongful dismissal is contractual — was the dismissal a breach of contract? Unfair dismissal is statutory — was it within the range of reasonable responses? You can win one and lose the other. Wrongful dismissal has no qualifying-service requirement; unfair dismissal usually needs two years.
- What does "summary dismissal" mean?
- Dismissal without notice for gross misconduct. It's lawful — and therefore not wrongful — only if the employee's conduct genuinely amounted to a repudiatory breach of contract. Tribunals and courts look at the conduct objectively, not just whether the employer labelled it "gross misconduct".
- What can I recover for wrongful dismissal?
- Damages equal to the net value of the notice you should have received. If your contract gave six weeks' notice and you got none, you can recover six weeks' net pay (less anything earned in mitigation during that period). Bonus, pension contributions, and other benefits that would have been earned during the notice period are also recoverable.
- Where do I bring a wrongful dismissal claim?
- Employment Tribunal up to £25,000. Above that — or for damages that would exceed the tribunal cap — the County Court or High Court. The tribunal has no jurisdiction to award more than £25,000 on a breach-of-contract claim.
- What's "pay in lieu of notice" (PILON)?
- A clause in the contract that lets the employer end the contract immediately and pay an equivalent lump sum instead of working out notice. PILON paid under a contractual right is taxable as earnings. Without a PILON clause, a payment in lieu may be damages — but since April 2018, the post-employment notice pay (PENP) rules mean these payments are still taxed as earnings for most cases.