My Employment Rights

If an employee is dismissed or constructively dismissed without payment of their contractual notice or statutory minimum notice then they may seek to claim wrongful dismissal, in order to reclaim the money.

Only in cases of gross misconduct will an employer be entitled to withhold notice pay (providing the employee is willing to work it). If an employee considers that the gross misconduct finding was not genuine, they may challenge this in order to seek entitlement to their notice pay.

Usually, the remedy is limited to the balance of the notice pay due, had the contract been terminated with notice. On occasion other elements can be claimed, for example, where there is a failure to complete a contractual disciplinary procedure, which would have continued beyond the notice period, had it been completed, although this is rare in practice.

A claim for wrongful dismissal can be brought in the Employment Tribunals or the Civil Courts. Claims in the Employment Tribunal are capped at £25,000, whereas claims in the Civil Courts are not.