How To Start An Employment Tribunal Claim For Wrongful Dismissal After Leaving Employment

A wrongful dismissal claim arises where an employer breaches the terms of an employment contract when terminating employment. This typically concerns notice periods, notice pay, or contractual dismissal procedures rather than the fairness of the decision itself. In England and Wales, such disputes are usually brought before an Employment Tribunal, which is a specialist judicial body that resolves employment law disputes outside the ordinary court system.

Where employment has already ended, a claim can still be issued, provided strict procedural steps and limitation periods are followed. The process is governed primarily by statutory rules, including the requirement to engage with the Advisory, Conciliation and Arbitration Service (Acas) before submitting a tribunal claim.

Legal basis for wrongful dismissal claims

Wrongful dismissal is based on contract law rather than statutory unfair dismissal protections. The key principle is that an employer must comply with the terms of the employment contract when ending employment.

Common examples include:

• Termination without giving contractual or statutory notice
• Failure to pay notice pay in lieu of notice where required
• Immediate dismissal in breach of a contractual disciplinary or redundancy procedure
• Failure to pay contractual benefits forming part of notice entitlement

Unlike unfair dismissal under the Employment Rights Act 1996, wrongful dismissal does not depend on qualifying service length. A claim can be brought regardless of how long the individual was employed, provided a contractual breach occurred.

Initial considerations after employment has ended

After leaving employment, a potential claimant should first identify:

• The exact termination date (often the “effective date of termination”)
• The contractual notice entitlement
• Any unpaid wages, notice pay, or benefits
• Any written contract, offer letter, or employee handbook provisions incorporated into the contract

This stage is important because the tribunal will assess whether the employer failed to comply with contractual obligations rather than whether dismissal was reasonable.

Pre-claim requirement: Acas Early Conciliation

Before lodging most Employment Tribunal claims, the claimant must notify Acas and enter Early Conciliation. This is a mandatory step in most cases.

During Early Conciliation:

• Acas contacts both parties to explore settlement
• Discussions are confidential and without prejudice
• The limitation period is paused while conciliation is ongoing
• If no settlement is reached, Acas issues an Early Conciliation Certificate

The certificate contains a reference number required for the tribunal claim form.

Relevant guidance confirms that Early Conciliation is a statutory pre-claim process intended to encourage settlement without litigation.

Time limits for wrongful dismissal claims

Strict time limits apply.

In most wrongful dismissal cases:

• The claim must be started within 3 months minus 1 day from the date employment ended (or breach occurred)

The limitation period usually begins on:

• The last day of employment, or
• The date notice should have expired, depending on the breach

Time limits are strictly enforced, although tribunals may exercise discretion in limited circumstances.

Importantly:

• Internal grievances or appeals do not extend time limits
• Settlement discussions outside Acas do not stop time running
• Only Acas Early Conciliation pauses the limitation clock

Step-by-step process for starting a claim

Step 1: Gather evidence

Relevant documentation typically includes:

• Employment contract and amendments
• Payslips and P45
• Notice correspondence or dismissal letter
• Records of unpaid wages or benefits
• Internal policies referenced in the contract
• Emails or written communications about termination

This evidence is used to establish breach of contract and quantify losses.

Step 2: Notify Acas

The claimant must submit an Early Conciliation notification to Acas.

This includes:

• Basic personal details
• Employer details
• Summary of dispute

Acas then offers Early Conciliation and assigns a conciliator where appropriate.

Step 3: Early Conciliation period

During this stage:

• Parties may negotiate settlement
• A binding agreement can be reached (often via a COT3 agreement)
• No tribunal claim can proceed without a certificate

If settlement is not reached, Acas issues a certificate enabling tribunal proceedings.

Step 4: Calculate the revised limitation period

Once Early Conciliation ends:

• The limitation clock resumes
• In many cases, claimants have at least one month from the certificate date, subject to the remaining original time limit

The precise calculation depends on when Acas was notified and how much time remained before conciliation started.

Step 5: Submit the ET1 claim form

The tribunal claim is started using form ET1, submitted to the Employment Tribunal.

The ET1 includes:

• Details of claimant and respondent
• Grounds of wrongful dismissal (contract breach)
• Financial loss calculation
• Supporting facts and chronology
• Acas Early Conciliation certificate number

The claim should clearly set out how the employer breached the contract and what losses resulted.

Step 6: Employer response (ET3)

After filing:

• The employer submits an ET3 response form
• They may admit, deny, or partially accept the claim
• The tribunal sets directions for evidence exchange and hearing preparation

Step 7: Preliminary hearing and case management

In more complex claims, the tribunal may:

• Identify legal issues
• Set deadlines for witness statements and documents
• Address jurisdiction or limitation arguments

Step 8: Final hearing

At the hearing:

• Both sides present evidence
• Witnesses may be questioned
• A judge decides whether a contractual breach occurred
• Compensation may be awarded if the claim succeeds

Compensation in wrongful dismissal claims

Damages aim to place the claimant in the position they would have been in had the contract been properly performed.

Common heads of loss include:

• Notice pay
• Unpaid salary or wages
• Loss of contractual benefits (such as pension contributions)
• Holiday pay accrued but unpaid

There is no award for injury to feelings in pure wrongful dismissal claims, as this is a contractual remedy.

Common procedural risks

Several issues commonly affect claims:

Missed limitation deadlines

Time limits are strictly applied and frequently lead to dismissal of claims.

Incorrect claim type

Wrongful dismissal is often confused with unfair dismissal, which has different legal requirements.

Incomplete ET1 form

The tribunal relies heavily on the claim form to define the scope of the dispute.

Failure to account for Acas timing rules

Misunderstanding Early Conciliation can result in late filing.

Practical considerations after leaving employment

After employment ends, individuals should prioritise:

• Checking contractual notice provisions
• Calculating limitation deadlines immediately
• Starting Acas Early Conciliation early to preserve time
• Preparing documentation in parallel with conciliation
• Ensuring all financial losses are evidenced clearly

Delay at any stage can significantly reduce the available time to submit a claim.

Key Takeaways

A wrongful dismissal tribunal claim after leaving employment is a contractual dispute process requiring strict procedural compliance. The key steps involve identifying breach of contract, engaging with Acas Early Conciliation, and submitting an ET1 claim within strict time limits. The tribunal then determines whether the employer breached contractual obligations and, if so, awards financial compensation based on proven losses.