Get informed
Frequently asked questions
-
Can my employer force me to retire at 65?
Currently, employers can require all staff to retire at 65 regardless of their circumstances and even if they don't want to retire, so long as they follow the correct procedure. This means an employer must give an employee at least six months' notice of retirement. If the employee serves notice that he or she wants to continue working past retirement, the employer must consider the application. If an employer fails to follow the correct retirement procedure, the employee may lodge a claim for age discrimination and unfair dismissal.
-
Is my employer obliged to disclose the reason for dismissal?
Yes. If you've been continuously employed for at least one year with the same employer, you may request a written statement of the reason for dismissal. And if you're pregnant or on maternity leave you're entitled to a written statement without even having to ask. If your employer unreasonably fails to comply or the reason given is inadequate or false, you should seek immediate legal advice.
-
What is 'procedurally unfair dismissal' ?
While an employer may have a justifiable reason to dismiss you, the dismissal may still be unfair if there are procedural defects. Examples of procedural unfairness include unfair selection for redundancy, failing to carry out a proper investigation before dismissing you for gross misconduct; or failing to notify you before the default retirement age of your right to request to carry on working.
-
What is 'automatic unfair dismissal'?
If your employer dismissed you for an automatically unfair reason, it will have no defence to a claim for unfair dismissal and the employment tribunal has no obligation to consider the reasonableness of your employer's actions. E xamples of automatic unfair dismissal include: (1) dismissal for asserting a statutory right; (2) unfair dismissal before, during or after the transfer of a business; (3) unfair selection for redundancy; (4) unfair retirement; (5) pregnancy or maternity-related dismissal; (6) unfair dismissal for trade union activity or work as an occupational pension scheme trustee.
-
Do I qualify for redundancy pay?
Maybe. First look at your employment contract. If it doesn't mention a payment, or you don't have a written contract, you may still qualify for statutory redundancy pay. Generally, to get this: (1) you must have worked as an employee; (2) continuously for the same employer for two years over the age of 16; (3) your employer must dismiss you; (4) the reason for dismissal must fall within the statutory definition of redundancy; and (5) you must not unreasonably refuse an offer of suitable alterative employment.
Articles
Compensation for wrongful dismissal
Redundancy during pregnancy or maternity leave
Wrongful dismissal FAQs
Overview of discrimination law
Learn about the different types of discrimination that are unlawful in the workplace.
How to claim constructive dismissal
Find out how to file a claim for constructive dismissal and what you need to prove.
Constructive dismissal FAQs
Unfair dismissal FAQs
Giving and receiving a reference
Unfair constructive dismissal
Should I resign and claim constructive dismissal?
Disciplinary issues at work
An introduction to disciplinary issues and what to do if you are facing disciplinary action.
Wrongful constructive dismissal
Does your employer have a fair reason to dismiss you?
Discrimination against fixed-term employees
Can my employer look at my emails?
This article analyses whether or not your employer can legally monitor your emails at work.
Compensation and other remedies for constructive dismissal
Discrimination against part-time workers
Discrimination because of trade union membership or activities
Redundancy bumping
Workplace drug testing
Constructive dismissal case studies
How to claim wrongful dismissal
Redundancy FAQs
Can I claim both unfair dismissal and wrongful dismissal? What's the difference?
This article explains the difference between unfair dismissal and wrongful dismissal.
Employment protection during business transfers and takeovers
Community
-
Unfair?
21.05.12by HELP_4723
-
Solicitor won't release my Compensation vague explanation given regarding LSC
21.05.12by HullsRaven
-
Title documents
21.05.12by Dan012_1376
-
CRB Checks for Insurance Company Employees
21.05.12by kf_flowerpower
-
Can anyone help? Query about neighbour's soil pipe running through my garden
19.05.12by rayhall
-
CRB checks
19.05.12by Hannah_Lees
-
Help Please
17.05.12by mybruno123
-
executor of will
16.05.12by pat.jeff63
-
Work place email
15.05.12by ThomasGeorge
-
Shared Accommodation Bill Problems
15.05.12by Ice_Rain
-
Debt collector asking for my National Insurance number
14.05.12by RafaelZC
-
wanting to move to a different part of the country
14.05.12by laurae75
-
Can a tenant in common grant a charge?
12.05.12by molemag
-
Shoplifting
12.05.12by Modo12
-
Unpaid Fine
11.05.12by Bertaman
Blog

