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Losing a job

Losing a job

If you have lost your job, or are in the process of losing it, you need to know your rights. Under statute, you are protected against unfair dismissal, wrongful dismissal and unlawful discrimination. You may also qualify for redundancy rights plus other contractual rights conferred by your employment contract. Learn more below.

10 most common employment tribunal claims
10 most common employment tribunal claims
Source:Employmenttribunals.gov.uk, 2009

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ico4Frequently 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.

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