Can my employer change my contracted hours?

If your employer sent you home without the notice or pay your contract promised, they may owe you money even if the dismissal was fair and you worked only a week. Today, save your contract, dismissal message and last payslip. Write down your dismissal date. Your claim deadline may already be ticking.

Wrongful dismissal is not unfair dismissal

Wrongful dismissal asks whether your employer broke the contract when ending your employment. Unfair dismissal asks whether there was a legally fair reason and whether the employer acted reasonably.

A reasonable investigation into suspected theft might satisfy the unfair-dismissal test. But withholding notice pay can still be wrongful if you did not commit misconduct serious enough to justify immediate dismissal. Conversely, paying all your notice does not make a discriminatory dismissal fair.

You can bring both claims if you qualify, but cannot recover the same loss twice. The £25,000 contract cap does not cap the separate unfair-dismissal award. See unfair dismissal and dismissal without warning.

The notice you were owed

Check your contract and any agreed changes. A month is not four weeks. Your employer must give contractual notice or the statutory minimum, whichever is longer. Great Britain’s statutory floor is in section 86 of the Employment Rights Act 1996.

After one month’s continuous employment, your employer must give you:

Gross misconduct can justify dismissal without these minimums. You normally owe at least one week’s notice after a month’s service, or more under your contract. Either side can waive notice or agree payment in lieu. Northern Ireland has equivalent minimums under the Employment Rights Order 1996.

During your first month, only contractual notice applies. A probation clause promising a month’s notice can be enforceable from your first week. Read about probation rights, notice periods and garden leave.

What counts as a breach and what you can recover

Dismissal without proper notice

Check what your employer has already paid, including any period on garden leave. You cannot claim again for loss already covered.

Payment in lieu of notice is often called PILON. A valid contractual clause, used correctly, permits immediate termination without breaching the notice term. Without that clause or your agreement, paying you off can still be a breach. But if the payment covers all your recoverable loss, there is no extra payout. Other contractual breaches may remain.

Ending a fixed-term contract early

A three-year contract cut short after one year, without an early-termination clause or lawful justification, can leave two years’ earnings at stake. Non-renewal at the agreed end date is different. It can count as dismissal for unfair-dismissal purposes, but does not itself entitle you to another term’s salary. Check any notice requirement in our fixed-term contract guide.

Breaking a contractual dismissal procedure

A disciplinary or redundancy procedure can matter if it is contractual. A non-contractual handbook policy does not usually create that right. You need recoverable financial loss caused by the breach; a missed hearing does not make all future earnings recoverable. An unfair-process complaint alone belongs in unfair dismissal.

Care travel-time deductions can put notice at risk; retail commission, warehouse or delivery bonuses, and hospitality or cleaning benefits may also be disputed. An unfair process alone is not a contract breach.

Calculating your loss

Start with net pay lost during proper notice, plus contractual benefits such as employer pension contributions, a company car, commission or bonus. A fixed-term claim may cover the remaining term instead. Deduct payments already received and replacement earnings covering that loss.

You must take reasonable steps to reduce your loss. Keep job applications and payslips. Compensation can be reduced if you unreasonably fail to seek suitable work.

Tax on notice payments and damages

Calling a payment “damages” does not make the first £30,000 tax-free. Contractual PILON is taxable as earnings. Post-employment notice pay rules, known as PENP, can also tax the notice element of non-contractual payments as earnings. HMRC requires the calculation whether or not your contract has a PILON clause.

Only the qualifying balance falls within the £30,000 termination-payment threshold, shared with other qualifying payments. Tax can affect the sum needed to compensate you; do not deduct it twice from an already net calculation. Ask for the breakdown before accepting a settlement agreement. The rules, not the payslip label, decide tax treatment.

Where to claim: tribunal or court

The England and Wales and Scottish tribunal contract schemes require you to be an employee, including an apprentice. Employment must have ended and the claim must have arisen or been outstanding on termination. Certain terms are excluded. Northern Ireland uses Industrial Tribunals under its own scheme.

Workers who are not employees and self-employed people normally use civil courts for contract claims. They do not get statutory employee notice. Contract claims during employment also normally go to court, although separate statutory unpaid-wages claims may go to a tribunal. Check your actual employment status. The contract’s label does not decide it.

Tribunals charge no claim fee, but contract awards total no more than £25,000 for claims on the same contract. You cannot obtain a tribunal decision and then sue for the balance in court. Choose your route before filing.

Civil courts have no equivalent cap, but charge fees and carry legal costs risk. Costs rules depend on the procedure. Tribunal costs awards are uncommon, but possible. Neither route guarantees a quick hearing.

The £25,000 tribunal cap can leave proven loss uncompensated. Employers benefit from a ceiling workers cannot use the tribunal to exceed; the uncapped court route brings fees and legal-cost risk instead.

Your deadline depends on where and when employment ended

Acas confirms the Great Britain deadline changes. For tribunal contract claims, the termination date determines which limit applies.

1. 1 Oct 2026In force in England and Wales

   Terminations from this date normally allow six months minus one day to claim. Earlier terminations remain on three months minus one day.

2. 9 Nov 2026Scheduled Scottish extension

   Six months minus one day is scheduled for terminations from this date. Earlier terminations retain three months minus one day, even if you file after the change.

3. 1 Jan 2027Scheduled unfair-dismissal changes

   The government timetable schedules a six-month qualifying period in Great Britain for dismissals from this date, and removal of the compensatory award cap. Neither is in force on 1 October 2026. Wrongful dismissal still needs no qualifying service and retains its £25,000 tribunal cap.

The effective date of termination is normally when notice expires, an immediate dismissal takes effect, or a fixed term expires without renewal. If the date or communication of dismissal is disputed, get advice promptly.

Northern Ireland retains its separate limit. Nidirect states three months, subject to Labour Relations Agency early conciliation. Ask the Agency to confirm your exact deadline. Use Northern Ireland procedures, not the Great Britain ET1 route.

Civil claims normally have six years from breach in England, Wales and Northern Ireland. Scotland has five-year prescription, with different start and interruption rules. Scottish money claims up to £5,000 normally use sheriff court Simple Procedure.

After a long shift, save your contract, final payslip and dismissal message; note your last day. If time is short, contact Acas now, or the Labour Relations Agency in Northern Ireland. Do not wait for an appeal. Ask UNISON or GMB (care/health), Unite (hospitality/logistics), USDAW (retail), or GMB or the IWGB (delivery/warehouse) for union support. Citizens Advice and law centres can help.

Report unpaid minimum-wage pay through HMRC’s minimum wage complaint service. Report labour exploitation to GLAA where it has remit, unsafe work to HSE, and discrimination to EHRC. Reports do not replace a claim or stop its deadline. Withheld earned wages are wage theft. That is our verdict on the practice, not a separate legal test.

How to claim, in order

1. Identify the broken promise. Keep the contract, agreed changes, dismissal letter and any contractual procedure. Check your notice against continuous service.
2. Value the claim and choose the forum. Calculate lost pay and benefits after deductions. List unpaid wages and holiday separately to avoid double counting. Get advice if the total approaches £25,000.
3. Ask for payment. Send your employer the clause and calculation without missing your deadline. For court proceedings, follow the relevant pre-action requirements.
4. Notify the conciliation body. Tribunal claims normally require Acas notification in Great Britain or Labour Relations Agency notification in Northern Ireland. Keep the certificate. Notification is not a tribunal claim.
5. File in time. Use ET1 through the Great Britain tribunal service, pleading wrongful and unfair dismissal separately where applicable. Northern Ireland and courts use different procedures. See our tribunal claim guide.
6. Keep evidence. Save payslips, benefit details, job applications and new earnings. Check your final pay breakdown.

Agency work

Identify who actually employed you and made the contractual promise. Often it is the agency, but the hirer can sometimes be your employer. Your status decides whether the tribunal contract route is available.

If you resigned because of your employer’s breach

Your employer must have committed a fundamental breach and you must have resigned in response without accepting it. Serious non-payment or an imposed pay cut may qualify. You need not serve contractual notice before accepting the breach. Resigning with notice does not automatically defeat a claim, but delay and continued work can suggest acceptance. Get advice before resigning if possible. See constructive dismissal.

Questions people ask

Can I claim with less than two years’ service?

Yes. Wrongful dismissal has no qualifying period. Contractual notice can apply before the one-month statutory threshold. The two-year rule in Great Britain and one-year rule in Northern Ireland concern ordinary unfair dismissal.

I was paid in lieu of notice. Can I still claim?

Check whether the contract allowed it, the clause was used correctly and the full sum was paid. An unauthorised PILON can be a breach, but you need uncompensated loss to recover money.

What if my claim exceeds £25,000?

Civil courts can hear the full claim. Normally use the county court in England and Wales, a sheriff court in Scotland or the appropriate Northern Ireland court. Weigh fees and costs before filing.

Can I claim wrongful and unfair dismissal together?

Yes, if you qualify for each. Both can go on one Great Britain ET1. The tribunal prevents double recovery of the same lost pay.

Can my employer change my contracted hours?

Not lawfully if the change breaches your contract. Check the contract and any agreed changes, and keep the employer’s instruction and evidence of financial loss. A contract claim during employment normally goes to court, while a separate unpaid-wages claim may go to a tribunal. Get advice on the right route.

Can my employer reduce my hours in the UK?

Check what your contract promises and any agreed changes. If the reduction breaks that promise and causes recoverable financial loss, a contract claim may be available. An imposed pay cut can also be a fundamental breach, but does not guarantee a constructive dismissal claim. Get advice before resigning; keep rotas, payslips and messages.

Sources

1. Employment Rights Act 1996, section 86, minimum notice, legislation.gov.uk
2. Employment Tribunals Extension of Jurisdiction Order 1994, England and Wales, legislation.gov.uk
3. Employment Tribunals Extension of Jurisdiction Order 1994, Scotland, legislation.gov.uk
4. Draft England and Wales extension of jurisdiction amendment, 2026, legislation.gov.uk
5. Draft Scottish extension of jurisdiction amendment, 2026, legislation.gov.uk
6. Employment tribunal time limits, updated 1 October 2026, Acas
7. Early conciliation, Acas
8. Breach of employment contract, nidirect
9. Employment Rights Order 1996, Part XI, Northern Ireland, legislation.gov.uk
10. Unfair Dismissal Variation of Qualifying Period Order 1999, article 4, Northern Ireland, legislation.gov.uk
11. Employment Income Manual EIM13874, termination awards and notice pay, HMRC
12. Make a claim to an employment tribunal, GOV.UK
13. Guide to Simple Procedure, Scottish Courts and Tribunals Service
14. Plan to Make Work Pay and Employment Rights Act timeline, updated 25 September 2026, GOV.UK
15. Revealed: thousands of rogue bosses have failed to pay tribunal awards, The Bureau of Investigative Journalism with BBC News
16. Caring at a cost: a survey of migrant care staff working in the UK, UNISON