Notice Pay and Wrongful Dismissal
Statutory and contractual notice periods, pay in lieu of notice, and how wrongful dismissal differs from unfair dismissal.
Two different claims, often confused
- Wrongful dismissal is a contract claim. It usually means you were not given the notice your contract or the statute required.
- Unfair dismissal is a statutory claim about whether the reason for dismissal and the process were fair.
A dismissal can be wrongful but fair, fair but wrongful, or both. They are assessed separately.
Statutory minimum notice
Section 86 of the Employment Rights Act 1996 sets a floor:
- One month to two years’ service: at least one week.
- Two years or more: one week for each complete year, up to a maximum of twelve weeks.
Your contract may give longer notice. Where it does, the contractual period applies. The statute is a minimum, not a cap.
Pay in lieu of notice (PILON)
Employers often pay you for the notice period instead of having you work it. That is lawful where the contract contains a PILON clause, or where you agree to it. Where there is no PILON clause and no agreement, terminating immediately without paying notice can be a breach of contract.
Summary dismissal and gross misconduct
Dismissal without any notice (summary dismissal) is generally only lawful where there has been gross misconduct. If the employer cannot show gross misconduct, the failure to give notice can be wrongful dismissal — even if a separate unfair dismissal argument fails.
Where to bring it
A breach of contract claim arising on termination can be brought in the Employment Tribunal, subject to a statutory cap on the amount that can be awarded there, or in the civil courts for larger sums. Notice pay that was promised but not paid can also be framed as a wages claim — see unpaid wages and unlawful deductions.
Facts to organise
- Start date, dismissal date, and length of continuous service.
- The notice clause in your contract (and any PILON clause).
- What notice you were actually given, and what you were paid.
- The reason given for dismissal, and whether gross misconduct was alleged.
- Gross weekly pay and benefits, for calculating what is owed.
Time limits and ACAS
Notify ACAS for early conciliation before an ET1. Tribunal claims are generally subject to a three-month-less-one-day limit; see ACAS and time limits.
How TribunalKit supports this draft
TribunalKit asks structured questions about your notice entitlement, what you were actually given, and the resulting loss, and produces a source-linked draft that traces back to your answers. You review it before filing.
Product page: TribunalKit unpaid wages builder or unfair dismissal builder.
FAQ
What is the statutory minimum notice period?+
Under the Employment Rights Act 1996 section 86, an employee with one month to two years' service is generally entitled to one week's notice, then one additional week for each complete year of service, up to a maximum of twelve weeks.
What is the difference between wrongful and unfair dismissal?+
Wrongful dismissal is a breach of contract claim, usually about not being given proper notice. Unfair dismissal is a statutory claim about whether the reason and process were fair. They are separate and can sometimes be brought together.
Can my employer pay me instead of working my notice?+
Yes, if the contract allows pay in lieu of notice (PILON), or if you agree. Where there is no PILON clause and no agreement, dismissing without notice can be a breach of contract.
Can I be dismissed with no notice at all?+
Summary dismissal without notice is generally only lawful for gross misconduct. If the employer cannot show gross misconduct, dismissing without notice can amount to wrongful dismissal.
Can TribunalKit tell me if my dismissal was wrongful?+
No. TribunalKit organises a draft from your own facts. It does not assess merits or give legal advice.