Lost your job?
Your employer must have a justifiable and valid reason for dismissing you, and they must act fairly considering the circumstances. For example, they must be consistent – so they generally can’t dismiss you for doing something that other employees are allowed to do. If a complaint has been made about you, they must investigate the situation fully before they dismiss you.
Notice
In most cases, you must be given the minimum notice period stated in law or in your employment contract, whichever is the longer.
In some situations, you can be dismissed without going through normal disciplinary procedures, for example, if you have been violent against another employee, customer or property. This is called ‘gross misconduct’. Even in these cases, your employer should investigate the circumstances thoroughly before they dismiss you.
Written statement
If you have completed two years’ service (or one year if you started before 6 April 2012 or work in Northern Ireland), you have the right to ask your employer for a written statement explaining why they dismissed you. They must supply this within 14 days.
If you were dismissed while you were on statutory maternity leave, your employer must give you a written statement even if you haven’t asked for one, no matter how long you have worked for them.
Employment status
If you work part-time or on a fixed-term, you must be treated as favourably as if you were a full-time permanent employee.
If you’re not sure of your employment status, speak to your employer or check this list on the government website.
Unfair dismissal
Here are some of the situations when dismissal is likely to be considered automatically unfair:
- You asked for flexible working hours
- You refused to give up your rights regarding working time, annual leave or the National Minimum Wage
- You tried to enforce your rights to receive Working Tax Credits
- You joined a trade union
- You took part in legal industrial action that lasted less than 12 weeks
- You acted as an employee representative
- You needed time off for jury service
- You exposed wrongdoing in the workplace
- You applied for maternity, paternity or adoption leave
- You were on maternity, paternity or adoption leave that you were entitled to
- You were forced to retire but your employer couldn’t objectively justify it
- You resigned and gave the correct notice period
If you were dismissed because of your political opinions or affiliation, you have an automatic right to go to an employment tribunal.
Fair dismissal
It will not count as unfair dismissal in the following situations:
- If you were not able to do your job properly, for example, you couldn’t keep up with a new system, or couldn’t get on with your colleagues. Before dismissing you, your employer must first give you a chance to improve, and they must follow disciplinary procedures
- If you have a persistent or long-term illness that makes it impossible for you to do your job. Before dismissing you, your employer must first look for ways to support you, and give you reasonable time to recover. If you have a disability, your employer has a legal duty to support you. If they dismiss you because of your disability, it may be unlawful discrimination
- If continuing to employ you would mean your employer is breaking the law, for example you are a driver in a taxi firm but you lose your driving licence
- If it is impossible for your employer to carry on employing anyone, for example, the workplace burns down
- If there is a ‘substantial reason’ for dismissing you, for example, you unreasonably refuse to accept a company reorganisation, or you’re sent to prison
In each case, your employer must follow the correct procedure and act reasonably when dismissing you, otherwise it may still count as unfair.
Redundancy
Being made redundant because your job no longer exists is a form of dismissal. However, the reason you were selected for redundancy must be fair. If not, you might have an unfair dismissal claim.
Constructive dismissal
If you feel forced to leave your job against your will because of your employer’s conduct, it’s called constructive dismissal. First, you should speak to your employer and try to solve the dispute. If that doesn’t work, you should leave immediately, otherwise, your employer may argue that you accepted the treatment.
Note that it’s harder to win constructive dismissal cases than it is to win unfair dismissal cases.
What to do
If you’ve been dismissed or threatened with dismissal:
- If you’re a member of a trade union, speak to your union representative
- Ask a third party for help to solve the issue by mediation, conciliation and arbitration
- If you are unable to solve the problem, you may need to take your employer to an employment tribunal (industrial tribunal in Northern Ireland)
- Ask for our help!
Need help?
For a FREE assessment of your claim, call 0808 168 7288 or fill in the contact form on the top right of this page.
We have already helped thousands of people to win millions of pounds in compensation.
You have a choice of ways to pay, including ‘no win, no fee’.
We will also discuss the best methods of funding your case and seek to reach a solution that best suits your needs. This can involve a “no-win, no-fee” agreement if appropriate.