Dismissal is where your employment is terminated by your employer. It also includes voluntary redundancy and the expiry of a fixed-term contract. Furthermore, dismissal can extend to circumstances where you were forced to resign in response to a fundamental breach of your contract, also known as constructive dismissal.
Unfair dismissal
All employees have the right not to be unfairly dismissed, but usually you need to have been continuously employed for one year to bring a claim for unfair dismissal. There are some exceptions where your dismissal will be automatically unfair, such as discrimination or "whistle-blowing". We can advise you on whether you can make a claim for unfair dismissal.
Wrongful dismissal
If you have been dismissed, you are entitled to a notice period unless you have been summarily dismissed for gross misconduct. You may be required to work your notice period, or you may receive a payment in lieu of notice, if this is permitted by your contract. In some circumstances you may be put on "garden leave". If you are dismissed without the appropriate notice, you may have a claim for wrongful dismissal as it is a breach of contract.
Written statement of reasons for dismissal
If you have been dismissed and had one year’s service, you are entitled to request a written statement of reasons for your dismissal.
I felt listened and understood by Anna and her advice was clear and very professional.
M Jasirena
October 2011
