Information » Employment & Training » Unemployment » Dismissal
- Dismissal (also called 'sacking' or 'getting the sack') from a job means that your employer tells you to leave.
- There are many reasons why this might happen:
- The employer might decide that you are not able to do the job properly
- That you have done something wrong (this is often known as 'gross misconduct').
- Sometimes, employers also refuse to take workers back after maternity leave or after a period of illness.
- Occasionally, they base their decision on an employee's personal life.
- Sometimes employers make life so difficult for you at work that you decide to leave - this can be known as 'constructive dismissal'.
- If you have been told to leave for one of these reasons (or perhaps for another) and you don't think you should have been asked to go, there are various things you can do, depending on how long you have worked with the company.
- First, check your contract of employment and find out how much written notice your employer should give.
- If your employer sacks you on the spot or doesn't give the right amount of notice, you can usually claim any earnings you missed from not working out your period of notice. If your employer refuses to pay these missed earnings, seek legal advice.
- If you have been with the company for at least two continuous years you can claim unfair dismissal and with the help of a legal adviser take your employer to an Industrial Tribunal.
- The European Court of Justice is currently deciding if the two year requirement is against European law on the basis that it discriminates against women. This is because women are more likely to return to work after a period of child care and to work for more than one employer.
- If you are a woman and have been made redundant after less than two years' continuous work, you should get legal advice.
- If your dismissal is on grounds of sex, race, trade union membership, refusal to join a union, for carrying out certain health and safety action or for seeking to enforce a statutory employment right (such as the right to receive a written statement), you do not need to have the two years' service.
- You should contact your union representative if you are a union member, or a Citizens Advice Bureau (CAB) (see link below). These agencies will help you to prepare a case for an Industrial Tribunal. Your local branch of ACAS (Advisory, Conciliation and Arbitration Service - see link below) can advise you on your legal rights.You should not delay your claim for too long - it must reach the Industrial Tribunal within three months of the dismissal.
- If you have worked for the company for over two years (either part-time or full-time) then your employer should provide a written explanation for your dismissal within fourteen days if you request it.
