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Dismissal

What do you do if you have lost your job but haven't been made redundant and you feel that you have been dismissed? Do you have any rights and what can you do about it?

Dismissal is normally only fair if the correct procedure has been followed and your employer can show that this is the reason that you were removed from your job.

Dismissal Procedure

1^st warning - verbal

2^nd warning - written

Your employer must have acted reasonably in treating the reason as sufficient for dismissal. You have a right not to be unfairly dismissed. Normally you need to have worked at a company for a year before you can make a complaint to an Employment Tribunal.

If you want to complain about unfair dismissal you must do it within three months of your dismissal.

If you have already lost your job or know that you soon will and you want to resolve matters without proceeding to a tribunal, you can enter into a Compromise Agreement.

You and your former employer must agree to all parts of the settlement and there must be a specific format for it to be legal and valid.

If you have had to resign because of the conduct of your employer, a tribunal may rule that you have been constructively dismissed. An example of this might be where your manager suddenly decides to demote you with no warning or reason, or cuts your pay and hours without your agreement.