I have been fired, how do I know if my company did it correctly?
When your employer terminates your employment there are legal provisions which must be complied with and in certain circumstance you may have reason to take legal action if you are dismissed and your employer fails to comply with such provisions.
If you have been dismissed, ask yourself the following:
Did my employer have a good reason to dismiss me?
In answering this question consider you conduct, your ability to complete your job, whether there was an insufficient amount of work or did your conduction and/or actions amount to gross misconduct.
Did my employer follow Company procedure?
Employment law provides that every company should have a discipline and grievance procedure which must be complied with if the employer wishes to dismiss an employee. Did your employer make you aware of these disciplinary procedures? If so, do you feel the procedure was followed? Where you advised of your right to appeal disciplinary decisions made during your employment? If the answer is no to these either of these questions you may have grounds for unfair dismissal.
What to do next?
To claim unfair dismissal, you must have been employed by your employer for a period of1 to 2 years depending on when your contract began and when you were dismissed. It is important you act quickly if you believe you were unfairly dismissed as claims must be brought against your employer within 3 months of your dismissal.
What is constructive dismissal?
Do you feel you have been forced to leave your job? If so you may have grounds for a claim for constructive dismissal. Constructive dismissal takes place when you feel your employers conduct towards you has forced you to leave. This conduct can amount from one serious incident or a number of small ongoing incidents however the employer must act in a way which is considered as a serious breach of contract.
Employment tribunal is similar to a court however it is not as formal. A hearing will take place before an employment tribunal which is independent. Evidence and legal arguments will be heard at the hearing, the purpose of which is to resolve disputes between employers and employees. An alternative to an Employment Tribunal may be mediation which is an informal process used to resolve disputes between employer and employees however involvement is a choice for both parties and your employer can not be forced to attend. disciplinary decisions made during your employment?
If the answer is no to these either of these questions you may have grounds for unfair dismissal.
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