WHAT IS DISMISSAL?
Dismissal is where your employer tells you that they no longer want you to work for them after a certain date. It is also classed as a dismissal if: * You are on a fixed term contract that comes to an end and is not renewed. * You are made redundant from your job. * You have been on maternity leave and your employer refuses to let you return to work, even though you have the right to do so. * Your employer changes the terms of your contract in a way that leaves you no choice but to resign. This is known as “constructive dismissal”. * You are forced to resign, because your employer would definitely dismiss you otherwise. Being sacked is never a pleasant experience, but in certain situations you might be able to do something about it. This can depend on your length of service. PERS produces a leaflet on dismissal which gives more information. Please contact us if you would like a copy.
Most termination of contracts of employment amount to a “dismissal”. The most common exception (when there will be no “dismissal” ) is where the employee has resigned of their own free will and not as a result of the employer’s conduct. If, however, an employee has reason to resign because of certain conduct of their employer there will be a “constructive dismissal” and a claim for unfair dismissal can be made.
