Wrongful dismissal
At Allan McDougall Solicitors, we have a strong track record of supporting employees in Scotland with wrongful dismissal cases.
Whether you’ve been dismissed without suitable notice or denied payment in lieu of notice, we help you understand your rights under UK employment law so you can move forward with minimal stress.
What is wrongful dismissal?
Wrongful dismissal is when your employer dismisses you in breach of contract, for instance without the agreed notice period stated in your contract. It can also apply if you aren’t paid in lieu of notice.
Unlike unfair dismissal, which is based on employment rights under statute, wrongful dismissal is legally classed as a breach of contract. As a result, a claim isn’t dependant on how long you’ve worked for your employer.
When is wrongful dismissal likely to occur?
Wrongful dismissal typically arises in one of the following situations:
- You were dismissed without any notice, and there was no gross misconduct involved.
- You were dismissed and not paid your notice period, known as payment in lieu of notice (PILON).
- Your employer terminated your contract without following the procedures set out in your contract of employment.
How to pursue a wrongful dismissal claim in Scotland
You should gather the following documents for any wrongful dismissal claim:
- Your contract of employment and employment terms.
- A copy of your dismissal letter.
- Payslips, especially if you weren’t paid the correct notice pay.
- Any relevant emails, texts, or communications that show the reasons for dismissal or lack of notice.
Always try to resolve matters informally, if possible, although this may be difficult in cases of wrongful dismissal.
To bring a wrongful dismissal claim at an employment tribunal in Scotland, you have three months minus one day from the effective date of termination. You usually have up to five years to bring a claim in the civil courts.
At Allan McDougall Solicitors, our employment law team can advise on the most appropriate route depending on your circumstances.
What compensation can be awarded for wrongful dismissal?
If your wrongful dismissal claim is successful, you may be entitled to damages for breach of contract. Depending on the terms of the written contract, this could include the amount you’d have earned during your notice period. It may also include any contractual benefits you were entitled to in that time, such as pension contributions, bonuses, and holiday pay.
Claims are usually restricted to the value of your earnings and benefits during your notice period. Unlike unfair dismissal claims, awards of compensation for periods beyond the end of the notional notice period do not tend to be made in cases of wrongful dismissal.
As a claim for wrongful dismissal is a claim for breach of contract, the maximum sum that can be claimed in the employment tribunal is £25,000. There is no comparable cap in proceedings brought in the civil courts.
How we can help
We have extensive experience helping employees in Scotland resolve wrongful dismissal disputes. By assessing whether your contract of employment was breached, we can calculate what you may be owed and guide you through the claims process.
With clear and practical advice tailored around your circumstances, our goal is to help you achieve a fair outcome through an employment tribunal or civil action.
Get in touch with Allan McDougall Solicitors
If you believe you’ve been wrongfully dismissed, don’t hesitate to get in contact with our employment law team.
With expert guidance and representation options available for employees across Scotland, we help you recover what you’re owed and achieve a fair outcome with as little stress as possible.
Contact us today for a confidential consultation.
Contact us
- Email us
- Call free on 0808 560 0872
- Arrange a callback by using our enquiry form
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