Your rights in wrongful dismissal
What do I do if I have been wrongfully dismissed?
If your employer does not give you the rights you are entitled to under your contract of employment, for example, your employer does not give you the correct notice of dismissal you are entitled to under your contract, this is known as a breach of contract.
Your employer may pay you an amount of money as compensation instead of giving you notice of dismissal or allowing you to work out your notice. This is called pay in lieu of notice. If there is a term in your contract which allows your employer to pay you pay in lieu of notice instead of giving you notice, then provided you are paid the correct amount of pay in lieu, there will be no breach of contract.
Breach of the contract by making a claim
If your employer does not give you the correct notice and does not pay you pay in lieu instead, or does not pay the right amount of pay in lieu of notice, you may be able to claim compensation for the breach of the contract by making a claim for wrongful dismissal. You can make a claim for breach of contract to the employment tribunal at the same time as making a claim for unfair dismissal. Compensation for breach of contract will be in addition to any compensation you can also claim for unfair dismissal. Your employer should follow a proper dismissal procedure before dismissing you. Otherwise, the dismissal may be automatically unfair.