Wrongful dismissal

If the employer has not given proper notice, the employee can bring a claim for breach of contract. This is known as a wrongful dismissal claim and can be brought in an employment tribunal or civil court. Compensation is limited to unpaid notice pay and any benefits, such as pension contributions or any car allowance, that would have been earned if the notice had been worked. No service is needed for this type of claim.

There is no contractual right to compensation for the manner in which a dismissal is conducted, for example injury to feelings or personal psychiatric injury, either in the civil courts or the employment tribunal (Johnson v Unisys Limited [2001] UKHL 13). Obviously, if the manner of dismissal is discriminatory, an employment tribunal claim for these losses can be brought under the Equality Act 2010.