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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

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 鈥榞ross misconduct鈥� without your employer going through the normal disciplinary procedures. This can happen if, for example, you鈥檙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 鈥榮tatutory restriction鈥�

You can be dismissed if continuing to employ you would break the law - for example, if you鈥檙e a driver in a lorry firm and you lose your driving licence.

It鈥檚 impossible to carry on employing you

If it鈥檚 impossible to carry on employing you, it鈥檚 likely to be fair. For example, if a factory burns down and it鈥檚 no longer possible to employ anyone.

A 鈥榮ubstantial reason鈥�

You may be dismissed fairly if, for example:

• you unreasonably refuse to accept a company reorganisation that changes your employment terms
• you鈥檙e sent to prison

In certain situations, you may be able to take legal action if you鈥檙e dismissed.

Unfair dismissal

Your dismissal could be unfair if your employer does not:

• have a good reason for dismissing you
• follow the company鈥檚 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 you鈥檙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 鈥榗ompulsory retirement鈥�)

Constructive dismissal

Constructive dismissal is when you鈥檙e forced to leave your job against your will because of your employer鈥檚 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 employer鈥檚 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鈥檙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 you鈥檙e a member of a trade union.

Employment tribunals

If you鈥檝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 you鈥檙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

There is no qualifying period if you鈥檝e been dismissed from 25 June 2013 because of your political opinions or affiliation. You鈥檒l automatically have the right to go to an employment tribunal.

Check if you鈥檒l pay tax on any payments you receive

If you鈥檙e dismissed you may get a 鈥榯ermination payment鈥�. This could include:

• holiday pay
• unpaid wages
• company benefits, for example bonuses

What you鈥檒l pay tax and National Insurance on depends on what鈥檚 included in your termination payment.