Get informed
Frequently asked questions
-
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 '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.
-
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.
-
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.
-
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
Unfair constructive dismissal
Can I claim both unfair dismissal and wrongful dismissal? What's the difference?
This article explains the difference between unfair dismissal and wrongful dismissal.
Redundancy during pregnancy or maternity leave
Disciplinary issues at work
An introduction to disciplinary issues and what to do if you are facing disciplinary action.
Workplace drug testing
Unfair dismissal FAQs
Employment protection during business transfers and takeovers
Compensation and other remedies for constructive dismissal
Constructive dismissal case studies
Constructive dismissal FAQs
How to claim constructive dismissal
Find out how to file a claim for constructive dismissal and what you need to prove.
Should I resign and claim constructive dismissal?
Discrimination against fixed-term employees
Discrimination against part-time workers
Overview of discrimination law
Learn about the different types of discrimination that are unlawful in the workplace.
Discrimination because of trade union membership or activities
Can my employer look at my emails?
This article analyses whether or not your employer can legally monitor your emails at work.
Redundancy bumping
Redundancy FAQs
Compensation for wrongful dismissal
How to claim wrongful dismissal
Wrongful constructive dismissal
Wrongful dismissal FAQs
Does your employer have a fair reason to dismiss you?
Giving and receiving a reference
Community
-
apply now at summer of debates
22.05.13by Crowned_Summer
-
family law/immigration law advice needed
21.05.13by mrsstupid
-
family law/immigration law advice needed
21.05.13by mrsstupid
-
property deeds and conveyance
21.05.13by rockhopper1975
-
Intellectual Law
21.05.13by Madihada
-
interview under caution with local council
20.05.13by minkimoo
-
pursue a builder
20.05.13by clnmckec
-
How to get joint custody through self representation
19.05.13by OlliesDAD
-
Issue at work
19.05.13by James111
-
House sale
19.05.13by mcborg
-
state help fro EU citizens
18.05.13by inypette
-
Variation of Leave to Remain
16.05.13by MRashid02139
-
Mistake on compromise agreement
16.05.13by Mibby1
-
Restaurant Employment - ???
15.05.13by invictus74
-
Voluntary liquidation of ex husband company and effect on me
14.05.13by Shelly_5202
Blog
- Mental health: High Court asked to rule on abortion for bipolar woman
- Legal aid: Survey shows that two in three oppose changes to legal aid
- Employment law: Solicitor wins pregnancy discrimination case
- Tax avoidance: Former Google employee blows cover on avoidance scheme
- Revenge porn: Victims of shameful practice seek change in the law
- Public liability: Jamie Oliver's Italian pays £17,000 after feeding wheat to coeliac
- Dangerous dogs: MPs say that new laws don't go far enough
- Immigration: Child receives vital arm operation after legal battle
- Commercial law: UK believes it has landed a breakthrough over fish dumping
- Discrimination: Lesbian couple refused rental agreement on Isle of Man
- Child protection: Measures not 'fit for purpose'
- Assisted dying: Lord Falconer tables new law as latest cases reach Court of Appeal
- Motoring law: UK SatNav users face fines for detecting speed cameras abroad
- Personal injury: London cyclist seeks change in the law after 'dooring' incident
- Abuse: Leading barrister calls for age of sexual consent to be lowered

