Wrongful dismissal

Produced by Tolley in association with

Employment Tax

Guidance

A wrongful dismissal is a unilateral breach of the employment contract by the employer. It occurs most often in a situation where the employer:

•
dismisses the employee without notice or with insufficient notice, and
•
does not have an adequate reason for the dismissal (ie is not entitled to dismiss the employee summarily because the employee has committed an act of gross misconduct)

Where an employee resigns in response to a repudiatory breach of contract by the employer, that will also give rise to a claim which is in effect one of wrongful dismissal. See the Constructive dismissal guidance note.

Wrongful dismissal, unlike unfair dismissal, does not depend on legislation. It is a common law cause of action

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Hannah Freeman

Barrister at Old Square Chambers , OMB, Employment Tax

Hannah is an experienced employment law specialist advising on all forms of discrimination, maternity and paternity rights, unfair dismissal, contractual disputes, part-time working and TUPE. Hannah acts for claimants and respondents in both the public and private sectors, including the NHS, the police, local authorities, educational institutions, financial services and the hospitality industry, as well as providing training and support to in-house legal and HR teams.

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