A wrongful dismissal occurs when an employer dismisses an employee in such a way that it breaches the employee’s contract of employment.  The most common occurrence of wrongful dismissal is when an employer dismisses an employee summarily (i.e. without notice).

A wrongful dismissal may also arise in other situations however, such as where the employer terminates the employment without following a procedure as set out in the contract of employment or an employee resigns in a constructive dismissal situation (see constructive dismissal).

The main remedy for wrongful dismissal is damages for breach of contract.

The most common claim of wrongful dismissal relates to a claim for notice pay, and if the Tribunal finds that a dismissal was wrongful in these circumstances, an employer would be liable to pay the employee their notice pay.

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