a) termination of the contract without enough notice, or no notice

b) where the employee/worker establishes he has been constructively dismissed

c) termination of a fixed term contract (one that is supposed to end on a certain date), if there is no break clause (a break clause is a clause in the contract which entitles either party to terminate early).

There must be a dismissal in order to sue for wrongful dismissal; otherwise the applicant should just bring a breach of contract claim. The dismissal can be constructive, for example, the employee resigning due to the employer’s behaviour.

Employees are entitled to a minimum notice period which is the employer does not comply with, the employee may sue for wrongful dismissal. The minimum notice periods are:

Either party may waive the right to notice. Employers may also offer payment in lieu of notice. If this is not in the contract the employee must accept this and waive the right to notice.

Applicants can pursue this claim in either the employment tribunals or the civil courts. If the claim is pursued in the courts, applicants must bring an action within 6 years and there is no upper limit on the level of damages that may be awarded. If the action is pursued in the tribunal it must be brought within three months of termination and damages for these claims are restricted to £25,000.