This is where an employer breaches your contract. Most commonly an employer will fail to give the correct amount of notice. Any income or benefits that you would have earned during what would have been the notice period is recoverable.
If an employee is dismissed fairly because of gross misconduct then an employer can dismiss without notice.
Payment in Lieu of Notice (PILON)
Often an employer will pay a lump sum for a notice period. This can be attractive to both the employer and the employee if both parties want a swift exit.
Depending on the terms of the employees contract, it might not be possible to recover damages that would have been earned through their notice period if the employee has found a new job.
Claim for Wrongful Dismissal
The time limit for contacting ACAS is the same as for an unfair dismissal claim (3 months minus 1 day from the date of termination).
There is however a maximum cap of £25,000 for an Employment Tribunal breach of contract/wrongful dismissal claim. However, there is a potentially unlimited amount that an employee can claim in the Civil Courts.
Contact Our Wrongful Dismissal Lawyers
Our specialist employment solicitors regularly advise clients across England and Wales on all types of employment law disputes. Call our friendly and approachable employment team today on 0151 541 7766 or complete our online enquiry form.