“Have I been dismissed?”
YES – if your employer told you to leave.
MAYBE – if you resigned because you felt you had to. For example, the working conditions were intolerable, or because your employer changed you onto a detrimental contract of employment.
NO – if you resigned through your own choice.
NO – if you are aged 65 or older and you retired.
“Can I ask my employer why I was dismissed?”
YES – if you worked there continuously for more than one year, your employer should give you a written statement explaining the reasons for your dismissal within 14 days.
“Was my dismissal unfair?”
YES – if the reason you were dismissed was unfair. For example, you lost your job because you tried to exercise your legal right to maternity/paternity leave, you participated in trade union activities, or you ‘blew the whistle’ about a health & safety matter.
YES – if your employer didn’t follow the correct procedure when they dismissed you. That means they should thoroughly investigate any allegations made against you, allow you to tell your side of the story, and grant you the right of appeal (except if you lost your job due to serious misconduct – in that case, they can dismiss you immediately).
NO – if you were selected for redundancy after a fair selection process. For information, please see our article When is redundancy unfair?
NO – if you lacked the appropriate qualifications or you were incapable of doing the job properly (unless that’s due to a disability you have – in that case, it might be discrimination).
NO – if you were sacked due to serious misconduct such as stealing company property, being drunk at work, or because you took too many days off. (Those are just a few examples.)
“Can I make a claim for unfair dismissal?”
YES – but you must:
- work in the UK
- be under 65
- have worked for that company for more than one year without any breaks
- have a proper contract of employment in place
- start your claim within three months of the date you were dismissed
Ultimately, the employment tribunal will decide whether or not your dismissal was unfair. If it was, you might be entitled to compensation. Give us a call, as we can help you build your case.
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