Termination of employment
Why?
Dismissal #
Fair dismissal
Redundancy
Retirement
Dismissal
Illness
Promotion
End of contract
Changing jobs
Breach of contract
Employer must supply statement within 14 days of asking for it
Employer must give you written statement if you're dismissed while on maternity leave. You get this even if you haven't asked for it and regardless of how long you've worked there
Have right to ask for written statement from employer giving reasons as to why been dismissed. If you're an employee and have completed a 2 year service
Illness
Not being able to do you job properly
Can be dismissed if you have had a persistant or long term illness which makes it impossible to work
Before taking action your employer should
Look for ways to support you
Give reasonable time to recover
Employer has legal duty to support a disability in a workplace
Dismissal due to disability is unlawful discrimination
Haven't been able to keep up with important changes to job
Can't get along with colleagues
Before taking action employer should
Follow disciplinary procedure eg. warn you that your work isn't satisfactory
Give you a chance to improve eg. training
Redundancy
If the reason you are selected to redundancy is unfair then its unfair dismissal
Fair in most cases
Summary dismissal
Eg violent to colleague or customer
Employer should investigate circumstances before making the dismissal even in 'gross misconduct' cases
Can be dismissed for 'gross misconduct' without employer going through normal procedure
Statutory restriction
Impossible to carry on employing you
If its impossible then its fair
Can be dismissed if continuing to employ you would break the law eg a lorry driver still driving after they lost their licence
Substantial reason
May be dismissed fairly if, you refuse to accept changes in organisation structure or you have been sent to prison
Unfair dismissal
Took part is industrial action that lasted 12 weeks or less
Joined a trade union
Needed time off for jury service
Resigned and have correct notice period
Were on maternity leave entitled to
Refused to give up working time rights
Applied for maternity leave
Asked for flexible working
Tried to enforce right to receive working tax credits
Employer doesn't follow disciplinary procedures
Exposed wrong doing in the workplace
Employer doesn't have a good reason to dismiss you
Forced to retire
Constructive dismissal
Reasons you have to leave are serious
For example- don't pay/ demote you for no reason, force you to accept unreasonable changes, let other employees harass/ bully you and employer breach of contract
When you are forced to leave your job against your will
Redundancy
Can't be selected due to age, gender, disability or pregnancy
Must be selected fairly
These include, redundancy pay, notice period, consultation option to move to another job and time off to find new job
People being made redundant are eligible for some rights
Form of dismissal where employer needs to reduce the workforce