The law is stated as at 19 December 2007
What is a wrongful dismissal?
Wrongful dismissal is the name given to a contractual claim by an employee where there has been a breach of the oral or written terms of an employment contract by an employer which led to a dismissal (actual or constructive) of the employee.
The most common example of a wrongful dismissal is failure to give the employee the correct length of contractual or statutory notice. Cases of wrongful dismissal also occur if an employer dismisses an employee without providing adequate compensation in lieu of notice. For further information concerning the appropriate length of a notice period see the question on notice in employment contracts in our Terms and conditions of employment FAQ.
While every care has been taken in compiling these notes, the CIPD cannot be held responsible for any errors or omissions; the notes are not intended to be a substitute for specific legal advice.