Dismissal: your rights
Overview
Dismissal is when your employer ends your employment - they do not always have to give you notice.
If you鈥檙e dismissed, your employer must show they鈥檝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 you鈥檙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 you鈥檝e been dismissed if you鈥檙e an employee and have completed 2 years鈥� 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 you鈥檙e dismissed while you are on Statutory Maternity Leave. You get this:
- even if you鈥檝e not asked for one
- regardless of how long you鈥檝e worked for your employer
Speak to your employer or check your employment status if you鈥檙e unsure of your employment status.