I have been dismissed from work

Dismissal Rightscheck
A checklist of potential claims that arise from your dismissal.
Dismissal RightsCheck December 2012.docx
Microsoft Word Document 21.6 KB

Set out below are the common rights that arise with links to further information where you might need to undertake further investigation.

 

At the bottom of the page is a checklist which you can print or save to your computer to record the issues that arise in your dismissal.

 

The rights that you have when dismissed from work will depend partly on your contract and partly on the statutory rights that you are entitled to.

 

1. Your right to appeal

When you are dismissed from work you should normally be offered a right to appeal against the decision.  Check your employers policies or ask your employer how you appeal the decision.

 

Further information on appeals against dismissal

 

2. Your right to notice pay

Notice pay will need to be paid where you are dismissed.  The period of notice will be different in each case and depend on your contrcat of employment and your length of service.

 

Further information on notice pay

 

3. Your right to accrued holiday pay

You are entitled to be paid for any statutory holiday that you have accrued but not taken at the date of your dismissal.  If you are entitled to more than the statutory minimum under your contract of employment then you will need to check your contract for your entitlement.

 

Further information on holiday pay on dismissal

 

4. Your right to other contractual benefits during the notice period

You might have the right to enjoy other contractual benefits during your notice period such as a company car, expenses or bonus payments.

 

Further information on contractual entitlements

 

5. Your right to claim unfair dismissal

Your dismissal might be unfair if the circumstances meet the legal tests.  This may entitle you to additional compensation including loss of earnings which result from the dismissal.

 

Further information on unfair dismissal

 

6. Your right to make a claim based on unfair treatment and discrimination

The circumstances of your dismissal may amount to discrimination where the unfair treatment you receive is connected to certain personal characteristics which include age, sex, diasbility and pregnancy.  The legal tests for discrimination are complicated but should alsways be investigated where they are suspected.

 

Further information on unfair treatment and discrimination.

 

Resolving dismissal problems

Now you have a list of your potential employment rights you need to plan how to resolve the problem.  Follow the link below to construct a plan for resolving your problem.

 

Further information on resolving dismissal problems.

Need to understand a word or phrase?

Employment Law Glossary

Help us and win £10!

User survey

Thu

26

Feb

2015

Zero increases by 26%

The Office for National Statistics has released new figures that show nearly 700,000 people work on zero hours contracts - up 26% from last year.  The problems caused by these contracts will require a significant change in the law.

Read More 0 Comments