Legal requirements for notice periods

Minimum statutory notice

Employees are entitled to statutory notice after one month of service. This is:

• One week’s notice after one month of service
• One week for each year of service (up to 12 weeks) after two years

Contractual notice entitlements

If your contract provides a longer notice period than the statutory minimum, the contractual period applies. Employers must honour whichever is greater: the contractual or statutory notice period.

When notice pay must be provided

If the employer chooses not to require the employee to work their notice period, they must usually provide payment in lieu of notice (PILON), unless there has been gross misconduct.

Situations that may lead to a wrongful dismissal claim

Dismissal without a disciplinary process

Even where there is alleged misconduct, employers are generally expected to carry out a fair disciplinary process. Dismissing someone without any process could amount to wrongful dismissal, especially if the employment contract references a disciplinary procedure.

Constructive dismissal and its link to wrongful dismissal

Employees who resign in response to a serious breach of contract (constructive dismissal) may also claim wrongful dismissal if the employer failed to honour their contractual entitlements, such as notice pay.

Breach of disciplinary or grievance procedures

Where the contract refers to specific processes for managing disciplinary or grievance issues, failure to follow these before dismissal may result in a breach of contract claim.

Who can bring a wrongful dismissal claim?

Eligibility requirements

There is no minimum length of service required to bring a wrongful dismissal claim. The key issue is whether there was a breach of contract by the employer.

Employees still in probation

Even during probationary periods, employees are generally entitled to statutory notice unless gross misconduct is proven. Dismissing a probationary employee without notice or due process may give rise to a claim.

Fixed-term and zero-hour workers

Workers on fixed-term contracts and even some zero-hour contract workers may have a right to claim wrongful dismissal if the terms of their agreement are breached.

Making a wrongful dismissal claim

Time limits for bringing a claim

A wrongful dismissal claim can be brought:

• In the Employment Tribunal (within 3 months less one day of the dismissal), or
• In the civil courts (within 6 years in England and Wales)

Most employees opt for the Employment Tribunal route due to the lower cost.

Read more about: Employment Tribunal time limits

Where to bring a claim: Employment Tribunal or civil court

While the Tribunal is generally more accessible, it can only award damages up to the value of £25,000 for wrongful dismissal. If your claim exceeds this, you may wish to pursue it in the civil courts.

What evidence is required

To succeed in a wrongful dismissal claim, you will need to provide:

• A copy of your employment contract
• Details of your notice period
• Proof that your employer failed to honour this, either by failing to provide notice or by not paying in lieu

Remedies for wrongful dismissal

Notice pay and damages

The most common remedy is a payment equivalent to what you would have earned net (i.e. after tax) during the notice period, including salary, benefits, and any contractual bonuses due during that time, less any sums earned in the meantime.

Payment for lost contractual benefits

In some cases, employees may also claim for other lost contractual benefits—such as private healthcare, pension contributions, or bonuses—if these would have continued during the notice period.

Impact on references and future employment

Wrongful dismissal claims do not generally entitle you to reinstatement or compensation for emotional distress, but the impact on your reference and future job prospects may be relevant in related legal action.

Wrongful dismissal and settlement agreements

Can you claim wrongful dismissal after signing a settlement?

Settlement agreements often include a clause that waives your right to bring a wrongful dismissal claim. It is important to ensure that notice pay is explicitly included in the agreement to avoid underpayment.

Ensuring notice pay is correctly addressed in agreements

Where an employer fails to properly document PILON or omits notice pay from a settlement agreement, this may be a breach of contract. Legal advice should always be obtained before signing.

Differences between wrongful dismissal and other types of dismissal

Wrongful vs unfair dismissal

• Wrongful dismissal: Breach of contract; available regardless of length of service; focuses on notice/pay
• Unfair dismissal: Breach of statutory rights; available after two years’ service (in most cases); focuses on fairness of the dismissal process

Wrongful dismissal and discrimination claims

If dismissal occurs in circumstances involving discrimination or protected characteristics (such as pregnancy, race, or disability), this may give rise to additional Equality Act claims alongside wrongful dismissal.

Legal advice for employees

Why legal advice is recommended

An employment solicitor can assess whether your dismissal breached your contract and what level of compensation you may be entitled to. This is especially important where bonuses or other contractual benefits are at stake.

Assessing your employment contract and dismissal circumstances

Lawyers will examine your contract, notice clause, disciplinary policies, and termination correspondence to evaluate your position.

How a solicitor can help you claim compensation

A solicitor can assist with negotiating a settlement, pursuing a Tribunal claim, or preparing for a civil court action if your losses exceed the Tribunal limit.