Dismissal: your rights
What to do if you're dismissed
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
In Northern Ireland, the qualifying period is still 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.
In unfair dismissal claims you must make the claim to a tribunal within 3 months of being dismissed.
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.