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630-1
Dismissal is when your employer ends your employment - they do not always have to give you notice.
630
Dismissal: your rights
1
9
107
630-2
If you’re dismissed, your employer must show they’ve:
630
Dismissal: your rights
2
108
161
630-3
a valid reason that they can justify
630
Dismissal: your rights
3
162
198
630-4
acted reasonably in the circumstances
630
Dismissal: your rights
4
199
236
630-5
They must also:
630
Dismissal: your rights
5
237
252
630-6
be consistent - for example, not dismiss you for doing something that they let other employees do
630
Dismissal: your rights
6
253
350
630-7
have investigated the situation fully before dismissing you - for example, if a complaint was made about you
630
Dismissal: your rights
7
351
459
630-8
If you’re a part-time or fixed-term worker, you cannot be treated less favourably than a full-time or permanent employee.
630
Dismissal: your rights
8
460
581
630-9
If you’ve lost your job because of coronavirus (COVID-19), your employer might be able to re-employ you and pay 80% your wages.
630
Dismissal: your rights
9
582
709
630-10
Notice period
630
Dismissal: your rights
10
710
723
630-11
You must be given at least the notice stated in your contract or the statutory minimum notice period, whichever is longer.
630
Dismissal: your rights
11
724
846
630-12
There are some situations where you can be dismissed immediately - for example, for violence.
630
Dismissal: your rights
12
847
940
630-13
Getting your dismissal in writing
630
Dismissal: your rights
13
941
974
630-14
You have the right to ask for a written statement from your employer giving the reasons why you’ve been dismissed if you’re an employee and have completed 2 years’ service (1 year if you started before 6 April 2012).
630
Dismissal: your rights
14
975
1,191
630-15
Your employer must supply the statement within 14 days of you asking for it.
630
Dismissal: your rights
15
1,192
1,268
630-16
Your employer must give you a written statement if you’re dismissed while you are on Statutory Maternity Leave. You get this:
630
Dismissal: your rights
16
1,269
1,394
630-17
even if you’ve not asked for one
630
Dismissal: your rights
17
1,395
1,427
630-18
regardless of how long you’ve worked for your employer
630
Dismissal: your rights
18
1,428
1,482
630-19
Speak to your employer or check your employment status if you’re unsure of your employment status.
630
Dismissal: your rights
19
1,483
1,581
630-20
Reasons you can be dismissed
630
Dismissal: your rights
20
1,582
1,610
630-21
There are some situations when your employer can dismiss you fairly.
630
Dismissal: your rights
21
1,611
1,679
630-22
Not being able to do your job properly
630
Dismissal: your rights
22
1,680
1,718
630-23
You may not be able to do your job properly if, for example, you:
630
Dismissal: your rights
23
1,719
1,784
630-24
have not been able to keep up with important changes to your job - for example, a new computer system
630
Dismissal: your rights
24
1,785
1,886
630-25
cannot get along with your colleagues
630
Dismissal: your rights
25
1,887
1,924
630-26
Before taking any action, your employer should:
630
Dismissal: your rights
26
1,925
1,972
630-27
follow disciplinary procedures - for example, warn you that your work is not satisfactory
630
Dismissal: your rights
27
1,973
2,062
630-28
give you a chance to improve - for example, by training you
630
Dismissal: your rights
28
2,063
2,122
630-29
Illness
630
Dismissal: your rights
29
2,123
2,130
630-30
You can be dismissed if you have a persistent or long-term illness that makes it impossible for you to do your job.
630
Dismissal: your rights
30
2,131
2,246
630-31
Before taking any action, your employer should:
630
Dismissal: your rights
31
2,247
2,294
630-32
look for ways to support you - for example, considering whether the job itself is making you sick and needs changing
630
Dismissal: your rights
32
2,295
2,411
630-33
give you reasonable time to recover from your illness
630
Dismissal: your rights
33
2,412
2,465
630-34
If you have a disability (which may include long-term illness), your employer has a legal duty to support disability in the workplace.
630
Dismissal: your rights
34
2,466
2,600
630-35
Dismissal because of a disability may be unlawful discrimination.
630
Dismissal: your rights
35
2,601
2,666
630-36
Redundancy
630
Dismissal: your rights
36
2,667
2,677
630-37
Redundancy is a form of dismissal and is fair in most cases.
630
Dismissal: your rights
37
2,678
2,738
630-38
If the reason you are selected for redundancy is unfair then you will have been unfairly dismissed.
630
Dismissal: your rights
38
2,739
2,838
630-39
Summary dismissal
630
Dismissal: your rights
39
2,839
2,856
630-40
You can be dismissed for ‘gross misconduct’ without your employer going through the normal disciplinary procedures. This can happen if, for example, you’re violent towards a colleague, customer or property.
630
Dismissal: your rights
40
2,857
3,064
630-41
Your employer should always investigate the circumstances before making a dismissal, even in possible gross misconduct cases.
630
Dismissal: your rights
41
3,065
3,190
630-42
A ‘statutory restriction’
630
Dismissal: your rights
42
3,191
3,216
630-43
You can be dismissed if continuing to employ you would break the law - for example, if you’re a driver in a lorry firm and you lose your driving licence.
630
Dismissal: your rights
43
3,217
3,370
630-44
It’s impossible to carry on employing you
630
Dismissal: your rights
44
3,371
3,412
630-45
If it’s impossible to carry on employing you, it’s likely to be fair. For example, if a factory burns down and it’s no longer possible to employ anyone.
630
Dismissal: your rights
45
3,413
3,565
630-46
A ‘substantial reason’
630
Dismissal: your rights
46
3,566
3,588
630-47
You may be dismissed fairly if, for example:
630
Dismissal: your rights
47
3,589
3,633
630-48
you unreasonably refuse to accept a company reorganisation that changes your employment terms
630
Dismissal: your rights
48
3,634
3,727
630-49
you’re sent to prison
630
Dismissal: your rights
49
3,728
3,749
630-50
Unfair and constructive dismissal
630
Dismissal: your rights
50
3,750
3,783
630-51
In certain situations, you may be able to take legal action if you’re dismissed.
630
Dismissal: your rights
51
3,784
3,864
630-52
Unfair dismissal
630
Dismissal: your rights
52
3,865
3,881
630-53
Your dismissal could be unfair if your employer does not:
630
Dismissal: your rights
53
3,882
3,939
630-54
have a good reason for dismissing you
630
Dismissal: your rights
54
3,940
3,977
630-55
follow the company’s formal disciplinary or dismissal process (or the statutory minimum dismissal procedure in Northern Ireland)
630
Dismissal: your rights
55
3,978
4,106
630-56
Situations when your dismissal is likely to be unfair include if you:
630
Dismissal: your rights
56
4,107
4,176
630-57
asked for flexible working
630
Dismissal: your rights
57
4,177
4,203
630-58
refused to give up your working time rights - for example, to take rest breaks
630
Dismissal: your rights
58
4,204
4,282
630-59
resigned and gave the correct notice period
630
Dismissal: your rights
59
4,283
4,326
630-60
joined a trade union
630
Dismissal: your rights
60
4,327
4,347
630-61
took part in legal industrial action that lasted 12 weeks or less
630
Dismissal: your rights
61
4,348
4,413
630-62
needed time off for jury service
630
Dismissal: your rights
62
4,414
4,446
630-63
applied for maternity, paternity and adoption leave
630
Dismissal: your rights
63
4,447
4,498
630-64
were on any maternity, paternity and adoption leave you’re entitled to
630
Dismissal: your rights
64
4,499
4,569
630-65
tried to enforce your right to receive Working Tax Credits
630
Dismissal: your rights
65
4,570
4,628
630-66
exposed wrongdoing in the workplace (whistleblowing)
630
Dismissal: your rights
66
4,629
4,681
630-67
were forced to retire (known as ‘compulsory retirement’)
630
Dismissal: your rights
67
4,682
4,738
630-68
Compulsory retirement is not allowed unless your employer can objectively justify it, but you can challenge it at an employment tribunal.
630
Dismissal: your rights
68
4,739
4,876
630-69
Constructive dismissal
630
Dismissal: your rights
69
4,877
4,899
630-70
Constructive dismissal is when you’re forced to leave your job against your will because of your employer’s conduct.
630
Dismissal: your rights
70
4,900
5,016
630-71
The reasons you leave your job must be serious, for example, they:
630
Dismissal: your rights
71
5,017
5,083
630-72
do not pay you or suddenly demote you for no reason
630
Dismissal: your rights
72
5,084
5,135
630-73
force you to accept unreasonable changes to how you work - for example, tell you to work night shifts when your contract is only for day work
630
Dismissal: your rights
73
5,136
5,277
630-74
let other employees harass or bully you
630
Dismissal: your rights
74
5,278
5,317
630-75
Your employer’s breach of contract may be one serious incident or a series of incidents that are serious when taken together.
630
Dismissal: your rights
75
5,318
5,443
630-76
You should try and sort any issues out by speaking to your employer to solve the dispute.
630
Dismissal: your rights
76
5,444
5,533
630-77
If you do have a case for constructive dismissal, you should leave your job immediately - your employer may argue that, by staying, you accepted the conduct or treatment.
630
Dismissal: your rights
77
5,534
5,704
630-78
What to do if you're dismissed
630
Dismissal: your rights
78
5,705
5,735
630-79
If you’re threatened with dismissal (or are dismissed) you can get help from a third party to solve the issue by mediation, conciliation and arbitration.
630
Dismissal: your rights
79
5,736
5,889
630-80
You can also speak to your union representative if you’re a member of a trade union.
630
Dismissal: your rights
80
5,890
5,974
630-81
Employment tribunals
630
Dismissal: your rights
81
5,975
5,995
630-82
If you’ve been unable to solve a problem between you and your employer, you can normally go to an employment tribunal.
630
Dismissal: your rights
82
5,996
6,114
630-83
In Northern Ireland, you can go to an industrial tribunal.
630
Dismissal: your rights
83
6,115
6,173
630-84
Qualifying period to claim unfair dismissal
630
Dismissal: your rights
84
6,174
6,217
630-85
You must have worked for your employer for a minimum period before you qualify for the right to claim unfair dismissal at a tribunal. If you’re classed as an employee and started your job:
630
Dismissal: your rights
85
6,218
6,406
630-86
on or after 6 April 2012 - the qualifying period is normally 2 years
630
Dismissal: your rights
86
6,407
6,475
630-87
before 6 April 2012 - the qualifying period is normally 1 year
630
Dismissal: your rights
87
6,476
6,538
630-88
In Northern Ireland, the qualifying period is still normally 1 year.
630
Dismissal: your rights
88
6,539
6,607
630-89
There is no qualifying period if you’ve been dismissed from 25 June 2013 because of your political opinions or affiliation. You’ll automatically have the right to go to an employment tribunal.
630
Dismissal: your rights
89
6,608
6,800
630-90
In unfair dismissal claims you must make the claim to a tribunal within 3 months of being dismissed.
630
Dismissal: your rights
90
6,801
6,901
631-0
Your employment contract
631
Handing in your notice
0
0
24
631-1
If you want to leave your job, check your employment contract to find out your employer’s policy on handing in notice.
631
Handing in your notice
1
25
143
631-2
There are rules about:
631
Handing in your notice
2
144
166
631-3
giving notice
631
Handing in your notice
3
167
180
631-4
how much you’ll be paid during your notice period
631
Handing in your notice
4
181
230
631-5
what will happen if you leave to work for a competitor
631
Handing in your notice
5
231
285
631-6
Giving notice
631
Handing in your notice
6
286
299
631-7
You must give at least a week’s notice if you’ve been in your job for more than a month.
631
Handing in your notice
7
300
388
631-8
Your contract will tell you whether you need to give notice in writing - otherwise you can do it verbally.
631
Handing in your notice
8
389
495
631-9
Give written notice if you think you’ll need to refer to it later, for example at an employment tribunal.
631
Handing in your notice
9
496
601