Wrongful dismissal solicitors | Primus Solicitors

Wrongful dismissal means your employer ended your employment in breach of your contract, usually by not giving the notice you were owed or by dismissing you on the spot when it had no right to. It is a claim for the money you should have received. It is different from unfair dismissal, which is about whether the reason and process were fair, and you can often bring both. We advise employees across England and Wales by phone and video, and in person at our Manchester office.

How it differs from unfair dismissal

No qualifying service: you can claim from your first day.
It is about the contract, not fairness. A fair dismissal can still be wrongful if notice was not given, and an unfair one can be in time with notice paid.
What you recover is the pay and benefits you would have had during the notice period, less anything you earn in that time.

Your notice rights

You are entitled to whichever is longer: the notice in your contract, or the statutory minimum.

Statutory minimum: one week after one month's employment, then one week for each complete year of service, up to 12 weeks.
Your contract may give more. It may also allow your employer to pay you in lieu of notice instead of letting you work it.
Your employer can dismiss without notice only for gross misconduct or another very serious breach by you. If it gets that wrong, the dismissal is wrongful.

Common wrongful dismissal claims

Dismissed for gross misconduct where the conduct was not gross misconduct, or did not happen.
No notice given, or less than the contract or the statute requires.
Pay in lieu of notice not paid, or paid without the benefits, commission or pension it should include.
A fixed-term contract ended early without a clause allowing it.
Disciplinary or other contractual procedures ignored, causing you to lose pay.

What you can recover

Your net pay for the notice period, plus the value of benefits you lost (car, health cover, pension contributions, commission you would have earned). Any earnings from a new job during that period are deducted, and you are expected to look for work. Pay in lieu of notice is taxed as earnings.

Where and when to claim

In the employment tribunal, the claim must be under £25,000 and started within six months less one day of the end of your employment if it ended on or after 1 October 2026 (three months before that), after Acas early conciliation.
Larger claims, or claims out of time for the tribunal, can go to the county court or High Court within six years.

We advise which route suits your claim, and often combine it with an unfair dismissal or discrimination claim.

How we help

We work out your full notice entitlement and its value, write to your employer for payment, deal with Acas and issue the claim if needed. Many notice pay claims settle quickly once the figures are set out properly. If you are being offered an exit package, see settlement agreements.

What it costs

The first consultation is £80 for half an hour or £200 for an hour, by phone, video or at our office. We then give you a written estimate before each stage. Typical costs for employment claims are on our fees page.

Questions people ask

I was dismissed for gross misconduct. Can I claim?

If your employer cannot show you actually committed gross misconduct, you are entitled to your notice pay. We look at the evidence and the process your employer followed.

I was in my probation period. Do I have notice rights?

Yes. After one month you are entitled to at least a week's statutory notice, and your contract may say more about notice during probation.

Do I have to look for work during the notice period?

Yes. Your compensation is reduced by what you earn, or what you could reasonably have earned, in that time. Keep a record of your applications.

Can I bring wrongful and unfair dismissal claims together?

Yes. They are often brought together in the same tribunal claim. You cannot recover the same loss twice.

Ask a question

Not sure where you stand? Ask a solicitor and we will reply by phone or email, or send an enquiry for a free initial assessment. Call 0161 222 5860, Monday to Friday, 9.30am to 5.30pm.