A wrongful dismissal occurs when an employee is dismissed in breach of contract, usually because the employer has not complied with the contractual notice terms. There is no length of service requirement for a wrongful dismissal claim. The claim can be brought in the ordinary courts or, where its value does not exceed £25,000, to an employment tribunal.

Whether or not a dismissal is fair depends on: the employer’s reason for dismissal – and whether or not it is one of the potentially fair reasons set out in s.98 of the Employment Rights Act 1996 (capability, qualifications, conduct, retirement, redundancy, contravention of a duty or restriction imposed under an enactment, or “some other substantial reason”); whether or not the employer acted reasonably in treating the reason as sufficient to justify dismissal; and whether or not the employer has complied with the statutory minimum procedures. An employee must usually have at least a year’s continuous service to bring an unfair dismissal claim. The claim must be brought in an employment tribunal.

Related entries: Employment law fact No.3 - did you know that ... the commonly used term "probationary period" has no legal meaning?

Employment law fact No.2 - did you know that ... while the statutory minimum notice to be provided by an employer rises in relation to an employee’s service, the statutory minimum notice to be provided by the employee remains the same?

Employment law fact No.1 - did you know that ... an employee whose contract is terminated while on long-term sick leave and who has exhausted all entitlement to sick pay will be entitled to be paid full pay for the statutory minimum notice period, unless his or her contractual notice exceeds the statutory minimum notice by at least one week?