Dismissal Q&A | Legal-Zone

I recently started a new job on the 8th of may 2006 as an trainee assistant merchandiser when i started my contract was based on a 3 months probation once that time had passed i had a meeting with HR who told me that my probation had been extended until the merchandiser and the general manager had decided about my role in the company. Today i received a letter which I was forced to read quickly and sign at the end of the day stating I had to attend a meeting tomorrow the 12 Sept with the merchandiser and the general manager about my role. Once i returned home i realised that this letter made a lot of reference to dismissal, disciplinary, grievances and was offering me to have a representative to accompany me at the meeting. As far as I am aware I have not done anything wrong and I applied for a permanent full time role within this company. I feel as though they could be trying to get rid of me without cause how can i defend myself in order to keep my job or even to keep it until I find another one?

November 27, 2008 by Anonymous

The employment legislation provides protection from unfair dismissal. However to take advantage of these provisions it is necessary in most cases to have been in the employment for two years. If you have worked for less than that time it is probable that your employer is entitled to bring your contract of the deployment to an end by simply giving proper notice of this intention.

Dismissal Q&A

Wrongful Dismissal

Wrongful Dismissal is based on the employment contract and will allege breach of that contract. Action can be brought either in the County Court or before an Employment Tribunal. It will be based on contract law.

Probably the most common breaches are dismissal from employment without notice or where the notice period given is too short. Failure by an employer to follow a contractual disciplinary procedure can also be wrongful dismissal.

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Constructive Dismissal

The Employment Rights Act 1996 provides that there is a dismissal if:

"The employee terminates the contract under which he is employed (with or without notice) in circumstances in which he is entitled to terminate it without notice by reason of the employer’s conduct."

This is known as constructive dismissal.

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Category: Dismissal Q&A

November 27, 2008 by Anonymous

Wrongful Dismissal

Constructive Dismissal

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