Reasons you can be dismissed

There are some situations when your employer can dismiss you fairly. Not being able to do your job properly You may not be able to do your job properly if, for example, you: have not been able to keep up with important changes to your job - for example, a new computer system cannot get along with your colleagues Before taking any action, your employer should: follow disciplinary procedures - for example, warn you that your work is not satisfactory give you a chance to improve - for example, by training you Illness You can be dismissed if you have a persistent or long-term illness that makes it impossible for you to do your job. Before taking any action, your employer should: look for ways to support you - for example, considering whether the job itself is making you sick and needs changing give you reasonable time to recover from your illness If you have a disability (which may include long-term illness), your employer has a legal duty to support disability in the workplace . Dismissal because of a disability may be unlawful discrimination. Redundancy Redundancy is a form of dismissal and is fair in most cases. If the reason you are selected for redundancy is unfair then you will have been unfairly dismissed. Summary dismissal You can be dismissed for 바카라 사이트榞ross misconduct바카라 사이트� without your employer going through the normal disciplinary procedures. This can happen if, for example, you바카라 사이트檙e violent towards a colleague, customer or property. Your employer should always investigate the circumstances before making a dismissal, even in possible gross misconduct cases. A 바카라 사이트榮tatutory restriction바카라 사이트� You can be dismissed if continuing to employ you would break the law - for example, if you바카라 사이트檙e a driver in a lorry firm and you lose your driving licence. It바카라 사이트檚 impossible to carry on employing you If it바카라 사이트檚 impossible to carry on employing you, it바카라 사이트檚 likely to be fair. For example, if a factory burns down and it바카라 사이트檚 no longer possible to employ anyone. A 바카라 사이트榮ubstantial reason바카라 사이트� You may be dismissed fairly if, for example: you unreasonably refuse to accept a company reorganisation that changes your employment terms you바카라 사이트檙e sent to prison

Unfair and constructive dismissal

In certain situations, you may be able to take legal action if you바카라 사이트檙e dismissed. Unfair dismissal Your dismissal could be unfair if your employer does not: have a good reason for dismissing you follow the company바카라 사이트檚 formal disciplinary or dismissal process (or the statutory minimum dismissal procedure in Northern Ireland) Situations when your dismissal is likely to be unfair include if you: asked for flexible working refused to give up your working time rights - for example, to take rest breaks resigned and gave the correct notice period joined a trade union took part in legal industrial action that lasted 12 weeks or less needed time off for jury service applied for maternity, paternity and adoption leave were on any maternity, paternity and adoption leave you바카라 사이트檙e entitled to tried to enforce your right to receive Working Tax Credits exposed wrongdoing in the workplace ( whistleblowing ) were forced to retire (known as 바카라 사이트榗ompulsory retirement바카라 사이트�) Compulsory retirement is not allowed unless your employer can objectively justify it, but you can challenge it at an employment tribunal . Constructive dismissal Constructive dismissal is when you바카라 사이트檙e forced to leave your job against your will because of your employer바카라 사이트檚 conduct. The reasons you leave your job must be serious, for example, they: do not pay you or suddenly demote you for no reason 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 let other employees harass or bully you Your employer바카라 사이트檚 breach of contract may be one serious incident or a series of incidents that are serious when taken together. You should try and sort any issues out by speaking to your employer to solve the dispute. 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.

What to do if you're dismissed

If you바카라 사이트檙e threatened with dismissal (or are dismissed) you can get help from a third party to solve the issue by mediation, conciliation and arbitration. You can also speak to your union representative if you바카라 사이트檙e a member of a trade union. Employment tribunals If you바카라 사이트檝e been unable to solve a problem between you and your employer, you can normally go to an employment tribunal . In Northern Ireland, you can go to an industrial tribunal. Qualifying period to claim unfair dismissal 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 you바카라 사이트檙e classed as an employee and started your job: on or after 6 April 2012 - the qualifying period is normally 2 years before 6 April 2012 - the qualifying period is normally 1 year In Northern Ireland, the qualifying period is still normally 1 year. There is no qualifying period if you바카라 사이트檝e been dismissed from 25 June 2013 because of your political opinions or affiliation. You바카라 사이트檒l automatically have the right to go to an employment tribunal. In unfair dismissal claims you must make the claim to a tribunal within 3 months of being dismissed. Check if you바카라 사이트檒l pay tax on any payments you receive If you바카라 사이트檙e dismissed you may get a 바카라 사이트榯ermination payment바카라 사이트�. This could include: holiday pay unpaid wages company benefits, for example bonuses What you바카라 사이트檒l pay tax and National Insurance on depends on what바카라 사이트檚 included in your termination payment.

Dismissal: your rights

Overview

Dismissal is when your employer ends your employment - they do not always have to give you notice.

If you바카라 사이트檙e dismissed, your employer must show they바카라 사이트檝e:

a valid reason that they can justify
acted reasonably in the circumstances

They must also:

be consistent - for example, not dismiss you for doing something that they let other employees do
have investigated the situation fully before dismissing you - for example, if a complaint was made about you

If you바카라 사이트檙e a part-time or fixed-term worker, you cannot be treated less favourably than a full-time or permanent employee.

Notice period

You must be given at least the notice stated in your contract or the statutory minimum notice period, whichever is longer.

There are some situations where you can be dismissed immediately - for example, for violence.

Getting your dismissal in writing

You have the right to ask for a written statement from your employer giving the reasons why you바카라 사이트檝e been dismissed if you바카라 사이트檙e an employee and have completed 2 years바카라 사이트� service (1 year if you started before 6 April 2012).

Your employer must supply the statement within 14 days of you asking for it.

Your employer must give you a written statement if you바카라 사이트檙e dismissed while you are on Statutory Maternity Leave. You get this:

even if you바카라 사이트檝e not asked for one
regardless of how long you바카라 사이트檝e worked for your employer

Speak to your employer or check your employment status if you바카라 사이트檙e unsure of your employment status.

View a printable version of the whole guide

Dismissal: your rights

Overview

Notice period

Getting your dismissal in writing

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Dismissal: your rights

Overview

Notice period

Getting your dismissal in writing

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