Home > Losing Your Job > The Different Types Of Dismissal And Your Rights

The Different Types Of Dismissal And Your Rights

By: Chris Hogan MSc - Updated: 21 Oct 2017 | comments*Discuss
 
Dismissal Unfair Dismissal Workers

There are effectively three forms of dismissal from an employer - fair, unfair and constructive - this article will tackle unfair or justified dismissal. For a employer to dismiss an employee justifiably there are two basic scenarios. Either the employee has been consistently under performing and has been through a Disciplinary Procedure, which has failed to resolve the problem, or they have committed an offence that is listed in their terms and conditions of employment as an instantly sackable offence.

Dismissal For Misconduct

The various offences that might cause disciplinary and dismissal procedures to be instigated by a business against an employee are grouped together under the term 'misconduct'. There's no finite definition of misconduct and a lot depends on the nature of the employer and its culture as to what constitutes misconduct. Generally it is either about the way an employee conducts themselves or their ability to do their job and includes:

  • Persistent poor time-keeping and absenteeism
  • Dishonesty
  • Rudeness to colleagues and/or customers
  • Poor discipline
  • Inability to keep up with work
  • Long-term absence or sickness

In these cases, a full disciplinary procedure must be followed before dismissal, although the aim of the procedure must be to reverse the problem and get an employee back on the job, with dismissal a last resort at the end. The procedure will usually entail a series of verbal and written warnings from the employer, more details of which can be found in our Disciplinary Procedures article.

Justifiable Dismissal

In every Employee's Contract, or a separate document referred to by the contract such as a staff handbook or set of terms and conditions, there will be a list of offences that will result in instant dismissal. These are termed 'gross misconduct' and are usually fairly obvious, such as:

  • Stealing, embezzling, or sabotage against the employer
  • Criminal acts not aimed at the employer but performed on their premises
  • Violence toward another employee or general violent conduct at the business
  • Drug or alcohol related incidents
  • Indecent behaviour
  • Serious Health And Safety breaches at the business

Most well-written company procedures will make it clear that the list is not exhaustive and that other acts not can also be deemed gross misconduct and cause for dismissal.

There may be more entries on the list of gross misconduct offences depending on the nature of the business. For example, in an increasing number of businesses, financial institutions in particular, some IT-related incidents, such as divulging a password or installing software on a PC, count as gross misconduct. This is spreading to other industries as the risk of computer crime and virus damage increases.

Committing a gross misconduct offence does not mean that the dismissal is 'instant', in the sense of being frog-marched immediately out of the building. Even in these cases a procedure must be followed, which normally includes the employer investigating the offence to make sure that it did actually occur and that the right person has been identified. Employees may be suspended while this takes place and, as part of their workers' rights, must be given a chance to defend themselves, with an accompanying staff member or union representative.

What Unfair Dismissal Means

The problem with fair and unfair dismissal is that the employer and employee often disagree as to whether a dismissal is fair or unfair. The only way of sorting this out is for the dismissed worker to take the company to an Employment Tribunal, who will investigate and decide the matter.

A tribunal will consider whether or not the offence counted as gross misconduct, for example, if the employee was made aware of the seriousness of the offence, and look at the company's disciplinary procedures to see if they were up to standard and had been properly implemented. Although they will not look at the issue of guilt or innocence of the employee, they would assess the employer's investigation that took place and determine whether or not it was conducted properly. They would also assess whether dismissal was the right thing for the business to do, rather than an alternative solution, and might look at past similar cases for precedents that have been set.

Get Advice Before Committing About Dismissal

People who feel they should claim unfair dismissal must get independent advice before progressing. Union Members can call on the union for support and advice, and if they believe the unfair dismissal claim to be a valid one, will provide free legal support before and at the tribunal hearing. Those who aren't can call on the Citizens Advice Bureau (CAB) or ACAS (the Advisory, Conciliation and Arbitration Service), both of which can be easily found through a phone book, local library or the internet.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
I am on final warning I was off work due to a police incident I gave work paperwork to prove were I was I am now on disiplinery for not making contact will I lose my job am so worried
Dan - 21-Oct-17 @ 11:24 PM
I am on final warning I was off work due to a police incident I gave work paperwork to prove were I was I am now on disiplinery for not making contact
Cavo - 21-Oct-17 @ 8:57 PM
Nat03 - Your Question:
I need some advice, Me and my boss spend a lot of time together she attends family meals my wedding and we spend most weekends together.I have depression and am in a phased return at work.I have had a bad day and called her outside work on her personal phone. Her partner started shouting at me down the phone. So my husband went round and spoke to him no threats were made just wanted to find out what had happened. I got a call from work saying I am under investigation for last night and might lose my job. I don't understandAny advice please

Our Response:
I can only direct you to the gov.uk link here which will explain more.
WorkingRights - 17-Oct-17 @ 3:15 PM
Shell18 - Your Question:
In disagreement with a work colleague I told her to p. off it was completely in the heat of the moment and I apologised, however she had put a formal complaint in about me saying I was verbally aggressive. I have worked there for 8 years and have never in all my working life had anything like this, my manager had told me many times in my appraisals that I am a well liked member of staff. I feel she is being vindictive but I do not know we’re I stand, I accept I was wrong in swearing at her and I did react to her but I did apologise and this was witnessed.

Our Response:
It is impossible to predict what your employer may decide. However, if you have a good record to date, then this will count towards your previous good character. If other people were witness to the incident, this will count too.
WorkingRights - 16-Oct-17 @ 3:26 PM
Lee - Your Question:
I've been suspended since march , along with my colleage , accused of bullying rasist , and me accused of sexual harradement. The rasist pat has been thrown out , since not there one if the accusers been sacked for his mistakes , they done a investigation, but didn't speak to loads of people I put forward , we got our papers the other day and there was a senior member I didn't get on with , but she has says I'm toxic , even though I never hung around wen she came on the ward , I've had to complain to my manager two months prior to being suspended as a staff Nigerian man tried it on me one night , initially in the end I reported him , he turned the tables on me saying it was me , I've had good things come back on my papers but some have lied about me and my colleage , we have to go to a displinary hearing now , this is nhs by the way , I'm in union , I've been there 10years , I'm so mortified what some people have said , it's like a witch hunt , I'm sure I'm gonna be sacked and all fir what , I haven't done the things these people have collaborated against on me. It's about three people against me with a higher band whiles just sheer lied about me , last year my manager said to me maybe it's cos I'm blonde as I get the unwanted attention , I feel drained with it all and having a new job offered to me , lower money but I want to resign then I feel it looks like I'm guilty but I'm so scared of being sacked , myunion git the meeting stopped , the people that have lied I want to have then cross examined , and grievances taken out , it's making me ill , some of my colleague are supportive and shocked , what do I do ???

Our Response:
This is a difficult question to comment upon as it is obviously quite a complex situation and one which only a tribunal can attempt to resolve.
WorkingRights - 16-Oct-17 @ 2:27 PM
I've been suspended since march , along with my colleage , accused of bullying rasist , and me accused of sexual harradement . The rasist pat has been thrown out , since not there one if the accusers been sacked for his mistakes , they done a investigation, but didn't speak to loads of people I put forward , we got our papers the other day and there was a senior member I didn't get on with , but she has says I'm toxic , even though I never hung around wen she came on the ward , I've had to complain to my manager two months prior to being suspended as a staff Nigerian man tried it on me one night , initially in the end I reported him , he turned the tables on me saying it was me , I've had good things come back on my papers but some have lied about me and my colleage , we have to go to a displinary hearing now , this is nhs by the way , I'm in union , I've been there 10years , I'm so mortified what some people have said , it's like a witch hunt , I'm sure I'm gonna be sacked and all fir what , I haven't done the things these people have collaborated against on me . It's about three people against me with a higher band whiles just sheer lied about me , last year my manager said to me maybe it's cos I'm blonde as I get the unwanted attention , I feel drained with it all and having a new job offered to me , lower money but I want to resign then I feel it looks like I'm guilty but I'm so scared of being sacked , myunion git the meeting stopped , the people that have lied I want to have then cross examined , and grievances taken out , it's making me ill , some of my colleague are supportive and shocked , what do I do ???
Lee - 15-Oct-17 @ 6:46 PM
I had a disagreement with a work colleague and I reacted to her by telling her to p... off! I did apologise to her and it was witnessed by 2 other. She had now put in a formal complaint that I was verbally aggressive to her.Her versions of events are completely different to mine ! I am worried as I have worked there for 8 years and in my apprised alsohave always been told I am a very well liked member of staff in all my years of employment with any company I have never had anything like this and I’m now 57. We’re do I stand I have already given my manager my version of events in writing and I have been truthful, I know I was wrong and I did apologise but I feel she is being very vindictive
Shell18 - 14-Oct-17 @ 10:43 AM
In disagreement with a work colleague I told her to p... off it was completely in the heat of the moment and I apologised, however she had put a formal complaint in about me saying I was verbally aggressive. I have worked there for 8 years and have never in all my working life had anything like this, my manager had told me many times in my appraisals that I am a well liked member of staff . I feel she is being vindictive but I do not know we’re I stand, I accept I was wrong in swearing at her and I did react to her but I did apologise and this was witnessed.
Shell18 - 14-Oct-17 @ 10:00 AM
I need some advice, Me and my boss spend a lot of time together she attends family meals my wedding and we spend most weekends together. I have depression and am in a phased return at work. I have had a bad day and called her outside work on her personal phone. Her partner started shouting at me down the phone. So my husband went round and spoke to him no threats were made just wanted to find out what had happened. I got a call from work saying I am under investigation for last night and might lose my job. I don't understand Any advice please
Nat03 - 13-Oct-17 @ 5:24 PM
Hi. I have been working at my current job for a year and a half when take few days ago this incident took place. Setting the scene: I'm a room leader in a baby room in a private nursery. A colleague of mine prior to me starting my shift cleaned the kettle in the milk kitchen using Milton tablets (there are used for sterlizing the childrens toys). She didn't communicate that she had cleaned the kettle. She cleaned the kettle at approximately 8am. I commenced my shift at 8.45am. The incident: At approximately 9.45am another colleague of mine prepared a child's porriage using the water from the kettle and i then fed the child. At 10am approx out last staff member commenced her shift and she was cleaning out her water bottle using the water from the kettle when she discovered a strange small and began to ask whether anybody had cleaned the kettle, in response 2 of us including myself had stated no. However, 1 colleague had said that she cleaned it using a Milton and we then immediately remembered that the child had eaten his porriage which was prepared with the same water. As a room leader I began to ask questions as to why she would do that when we never use Milton to clean it etc, I asked why there was no communication and so forth. I then checked the packaging of the Milton tablets to look for any side affects. It stated nothing about digestion, it only stated that it would become irritable to the eyes and it would be harmful if it was mixed with other substances or acids, which it hadn't been. (please note the child only consumed around 1mm of the water which had been mixed and diluted with the porriage) It also stated that it was safe to come into contact with it after 15 minutes after being used, and also that it was suitable for children's toys etc. Therefore I told my colleagues that we would monitor the child and ensure he drank lots of water to flush it out of the system. It wasn't until 11.15 approx when we were eating lunch that the child gagged/vomitted a little on his food, so I took it in my hands and reported it to the management team. And now I have been suspended until further notice pending investigation meetings etc for failing to report it straight away. I'm just really concerned about where I stand here? I'm finding it difficult getting a union rep as I'm not part of a trade union and it's rare that they deal with ongoing situations. I wasn't worried at all up until this point because I generally knew that I had nothing to worry about, but now I'm unsure as to what the future holds. Please note: My setting has a policy that States we cannot give children food from home due to allergy reasons etc, however for this child the policy was breached as the parent used to work for the company and the management team made an exception. Can I use this in my argument against them? Thank you so much in advance, just right now it feels like a one sided argument.
Chrissy - 13-Oct-17 @ 10:58 AM
Dixie - Your Question:
We're do I stand started a new job were I worked for 8 days then became ill with a bug phoned up work within the time periof spoken direct to the boss himself seemed fine phone me up bit later on in the day I told him was unfit to work and that would be back in work Monday after having the weekend off to recover but that night after 1 day off ill got a text to sack me and refused to pay me for my work do were do I stand

Our Response:
I'm afraid you have no rights as you would still be in your probationary period and therefore your employer has the right to let you go if he thinks you are not suitable for the job. However, unless you were told the work would be unpaid, then your employer should pay you for your hours worked. If your employer refuses, you can apply to the small claims court.
WorkingRights - 12-Oct-17 @ 12:56 PM
We're do I stand started a new job were I worked for 8 days then became ill with a bug phoned up work within the time periof spoken direct to the boss himself seemed fine phone me up bit later on in the day I told him was unfit to work and that would be back in work Monday after having the weekend off to recover but that night after 1 day off ill got a text to sack me and refused to pay me for my work do were do I stand
Dixie - 11-Oct-17 @ 5:39 PM
@Norrinradd - oops that's bad luck. Much depends upon each version of events and if there were any other witnesses. However, in terms of the highway code, a horn should only be used when warning someone of danger, not to indicate your annoyance at a person's manner of driving. You might have thought twice if a man got out of the car and was twice the size of you. We live in the 21st century and bullying wherever it takes place is never really excusable.
Gill - 5-Oct-17 @ 12:25 PM
My question. I had finished my shift at work and left the depot in my personal car ( not a company vehicle) at the end of the road are traffic lights, where I turn left to go home. There was a car infront of me, and the green light to go left came on, she then decided to indicate right , holding up my lane. I beeped my horn in frustration as I had to wait for the green light to go right to change, I continued on my journey and thought no more of it. The next day at work my boss said there had been a complaint made about me, alleging that I was swearing and shouting at the lady, which just happens to be someone high up in my workplace. A formal investigation has been started. Do I have to worry about this? Considering that it didn't happen in the workplace. Thanks
Norrinradd - 4-Oct-17 @ 2:48 PM
Court - Your Question:
HiI have recently moved to the UK for a job which I started on the 1 September 2017 so have not been there long and on Friday of my third week was told that the school is going to fully support me as I am a new graduate but then came back on Monday and was called in for a meeting where I was told that I would no longer have a job. According to the Acas document I have a case for unfair dismissal as I was given no written warning, no time to prepare, no notice about dismissal and no chance to appeal or have a support person present. As I have only been there for a short time am I able to appeal an unfair dismissal?Thanks

Our Response:
I noticed that your email address in NZ. As we are a UK-based site, this is purely based upon UK employment law which is non-transferable. If you are based in the UK, unfortunately, until you have worked for a company for more than two-years you can only claim unfair dismissal in very few circumstances. Also, as you will be on a probationary period, which is normally three-six months, then both you and your employer can give immediate notice if either you as the employee, or your employer feel you are not suited to the job.
WorkingRights - 2-Oct-17 @ 4:03 PM
Little Jo - Your Question:
Sorry the main part wasn't shown. I am concerned that I am going to be asked to move to another shop, where one of the Company Director works, however, I can not work with this man as I believe he is Homophobic, due to an incident with me 3 years ago, it was known throughout the company as well what he had done and said. I would never want to work with this man, as I have never respected him. If this is the choice they make, rather than me being able to keep my job in the shop where I currently work, can I make a claim as Constructive Dismissal as I would not want to go to this shop. Please can someone help. The company has not followed the correct Employment Procedures and I have not had anything in writing.

Our Response:
I have deleted your first comment due to the fact the information is in the public domain. In this case you would really have to give ACAS a call as it is beyond our remit to advise on personal cases (we can only give general/generic advice).
WorkingRights - 2-Oct-17 @ 10:52 AM
Hi I have recently moved to the UK for a job which I started on the 1 September 2017 so have not been there long and on Friday of my third week was told that the school is going to fully support me as I am a new graduate but then came back on Monday and was called in for a meeting where I was told that I would no longer have a job. According to the Acas document I have a case for unfair dismissal as I was given no written warning, no time to prepare, no notice about dismissal and no chance to appeal or have a support person present. As I have only been there for a short time am I able to appeal an unfair dismissal? Thanks
Court - 1-Oct-17 @ 9:24 PM
Sorry the main part wasn't shown. I am concerned that I am going to be asked to move to another shop, where one of the Company Director works, however, I can not work with this man as I believe he is Homophobic, due to an incident with me 3 years ago, it was known throughout the company as well what he had done and said. I would never want to work with this man, as I have never respected him. If this is the choice they make, rather than me being able to keep my job in the shop where I currently work, can I make a claim as Constructive Dismissal as I would not want to go to this shop. Please can someone help. The company has not followed the correct Employment Procedures and I have not had anything in writing.
Little Jo - 1-Oct-17 @ 9:34 AM
Accused of going through a customer's shopping and asking for receipts to show proof of payment when I did not. Retail company now trying to sack me after going through a biased "investigations". No cctv footage all management statements all stilted. They've been dying to get rid of me for ages. Now seizing upon this as a chance to make their move. What can they get meon?
Sian's boy - 26-Sep-17 @ 11:39 PM
Magic123 - Your Question:
I work in a small business employed as a receptionist. I have recently been offered a new job. I handed in my one months notice in writing. My employer then contacted me to say my notice is two months (which I did not realise as all the other receptionists only had to give on month) I checked my contract and he was correct. I then asked for an informal interview, asking for a lower notice term of 6 weeks. In this meeting, he was very unprofessional, threatening to take me to court, not pay me any wages until after court etc. I contacted my new employers and asked to start a month later than planned. They agreed. I then put in writing to my current employer that I take full responsibility in not reading my contract right, however felt it was very unfair how he spoke to me in our first meeting as I felt I had every right to ask my employer for an early notice period. I also put in my letter that I would only be willing to do my contracted job roles, and no other roles outside of this (as I had been doing A LOT extra that wasn't mentioned in my contract). In my contract it does not state that I will be expected to do other job roles. The following afternoon of handing in this letter, I received a phone call from my employer telling me I was to attend a meeting and a colleague would be joining us- I asked him to email me confirmation. The email then stated it was a disciplinary meeting & nothing else. I did not even know what it was for. (I've had no complaints, verbal or written warnings in the past!) so I called my employer and asked what it was for. He said "your precious threats to not work your contract and refusing to do your daily tasks" and I explained to him that I have put in writing that I will be working my full 2 month notice and I did not threat not to work it just to ask for a shortened notice if available which you declined and I accepted & that I am not legally expected to work roles outside of my contract. He said "well in that letter you've taken it one step further so I will too"So I'm stuck for what to do? I've been working there 18 months now. I have a feeling he will dismiss me on Monday coming (18th September) Any advice will help me a lot!

Our Response:
I think in this case you may wish to give ACAS a call. Unfortunately, as you have not been working for your employer for two years, you are unable to claim unfair dismissal. However, there are exceptions to this rule and direct advice from ACAS may prove useful.
WorkingRights - 19-Sep-17 @ 2:29 PM
I work in a small business employed as a receptionist. I have recently been offered a new job. I handed in my one months notice in writing. My employer then contacted me to say my notice is two months (which I did not realise as all the other receptionists only had to give on month) I checked my contract and he was correct. I then asked for an informal interview, asking for a lower notice term of 6 weeks. In this meeting, he was very unprofessional, threatening to take me to court, not pay me any wages until after court etc. I contacted my new employers and asked to start a month later than planned. They agreed. I then put in writing to my current employer that I take full responsibility in not reading my contract right, however felt it was very unfair how he spoke to me in our first meeting as I felt I had every right to ask my employer for an early notice period. I also put in my letter that I would only be willing to do my contracted job roles, and no other roles outside of this (as I had been doing A LOT extra that wasn't mentioned in my contract). In my contract it does not state that I will be expected to do other job roles. The following afternoon of handing in this letter, I received a phone call from my employer telling me I was to attend a meeting and a colleague would be joining us- I asked him to email me confirmation. The email then stated it was a disciplinary meeting & nothing else. I did not even know what it was for. (I've had no complaints, verbal or written warnings in the past!) so I called my employer and asked what it was for. He said "your precious threats to not work your contract and refusing to do your daily tasks" and I explained to him that I have put in writing that I will be working my full 2 month notice and I did not threat not to work it just to ask for a shortened notice if available which you declined and I accepted & that I am not legally expected to work roles outside of my contract. He said "well in that letter you've taken it one step further so I will too" So I'm stuck for what to do? I've been working there 18 months now. I have a feeling he will dismiss me on Monday coming (18th September) Any advice will help me a lot!
Magic123 - 17-Sep-17 @ 3:20 PM
Loulou - Your Question:
Husband been suspended from work 11 weeks ago. Had formal meeting 3 weeks ago. Still waiting to see if it is going to a disciplinary. Is this the normal timescale, received no updates whatsoever.

Our Response:
Much depends upon the length of the investigation. Your husband may wish to contact his company directly, or you can obtain more information and advice via the CAB link here .
WorkingRights - 4-Sep-17 @ 11:33 AM
Husband been suspended from work 11 weeks ago. Had formal meeting 3 weeks ago.Still waiting to see if it is going to a disciplinary.Is this the normal timescale, received no updates whatsoever.
Loulou - 3-Sep-17 @ 12:32 PM
Paulk - Your Question:
I was working with a care of the company one of my service users accused me of receiving 50 Pound and then 60 Pound I was invited to a meeting I explained these allegations where false they said I was suspended with full pay the next again day the director phoned me and said he couldn't make a decision who he believed and I was dismissed I have a svq 3 a competent carer how can he dimiss me with no evidence at all as this never happened

Our Response:
You don't say what sort of employment contract you are working on, whether self-employed, permanent or zero hours etc. However, if you have completed 2 years’ service, then you have the right to ask for a written statement from your employer giving the reasons why you’ve been dismissed. You may wish to speak to ACAS directly if you feel the dismissal is unfair.
WorkingRights - 22-Aug-17 @ 12:45 PM
I was working with a care of the company one of my service users accused me of receiving 50 Pound and then 60 Pound I was invited to a meeting I explained these allegations where false they said I was suspended with full pay the next again day the director phoned me and said he couldn't make a decision who he believed and I was dismissed I have a svq 3 a competent carer how can he dimiss me with no evidence at all as this never happened
Paulk - 21-Aug-17 @ 9:56 PM
My manager said he had a letter for me upon my return from a delivery. One of my work Calques was stood next to me and was given a piece of paper and told to read it to himself. My manager then gave it to me saying "That's for you that is, in a somewhat stern undermining tone towards me, a thing he has done towards me for some time. It was guide lines for what to do when intruder or smoke detector alarms go off due to fault activation. I said I had requested for the instructions be on had to follow for all so as he was not disturbed at home as he lives some 20+ miles away and ends up coming in. Again in a undermining tone. He said "That's just for you that is, every one Knows what they are doing." (I had previously mention to new staff my idea of having the instruction to hand and was told it was a good idea) "I'm going to put a copy on the wall." I was feeling under extreme pressure and feeling well bullied, intimated and victimised by him and I started to shake. He walked away and I went out side feeling unwell. I came back in giving him the duty call out phone saying I could not cover the duty as I was going home.I admit I raised my voice at him. I have worked there for nearly 6 years. I'm nearly 62, ex-military. I have brought to his attention of the way he talks to me telling him he lacked people skills. on occasions more than ounceafterthe second occasion I said if it happened a third time I would have to walk out and not come back till it was resolved.I expect to be treated and talked to like the rest of the staff. I have now received a letter saying I have been suspended on full pay for allegation of gross serious misconductfor abusive and/or aggressive manner and have to attend a interview today
Flyboy - 8-Aug-17 @ 8:14 AM
I have worked for my employer for over 3 years.I was told by my employer (when I was finishing some wok during my lunch break to 'let him know when I was done'.)I finished the work and informed him I had finished (I thought he may have wanted to use my office). Employer then informed me I had five minutes before I had to attend a disciplinary meeting and I could bring a companion if I liked. I was not informed of the subject of the disciplinary either verbally or in writing. and, in the last 4 years have had no disciplinary meetings or warnings of any kind, for anything Taking a companion (who luckily was available as it was during lunchtime) I was told the reason for the disciplinary was because I had been rude to a customer, it had been recorded and I was to be dismissed there and then for gross misconduct.The basic reason stated was that the company could have 'lost' their licence if the customer complained (this is not so as none of our 'customers' know from where we are contacting them). I was asked to explain and I stated that I did not think I had been rude, and due to the nature of the conversation, it was obvious I had not heard the customer correctly. Management insisted that my explaining my position was only further evidence of my argumentative nature. As dismissal for gross misconduct (usually let us say for stealing, violence etc.,) makes it impossible to get any ssocial support, and also so that the employer did not have to pay me any wages etc., I requested that at least on the papers for social support it would read that my contract had been terminated. The employer said he would think about it, but did not want to leave himself open to an unfair dismissal claim. I was then asked to collect my belongings and leave, which I did. A few days later employer contacted me and told me I could collect the paper for collecting social support and, additionally I had to sign a document stating that he had been good enough to put 'termination ' on my contract, but the real reason was gross misconduct and I had to agree never to say anything or write anything about the company in the future. Now that I have got over the shock, I realise that the company had set me up to fail but it had taken them selveal months where I was always sat next to a manager (not usual) who obviously was overseeing my day to day wok without my knowledge. Basically, I think that giving me 5 minutes notice, in a break time, with no prior explanation or wanings of any kind as unfair, but, he potentially knew I would have to get social assistance and therefore used my circumstances to enable him to insist I sign away any rights to any claims. I would like to know what you think.
Monique - 7-Aug-17 @ 1:37 AM
Debbie - Your Question:
I started at my company 2 months ago as a Team Leader of 4 staff. From the offset I was informed that one member of staff needed particular "love and attention" due to how they had been treated by a previous manager. Today I went to my pre-planned 1-2 with my manager and was told that this team member had presented a very long list of grievances against me. I was then asked to leave the building whilst my manager spoke to the rest of he team. When I came back I was told that this persons accusations had been substantiated by another of the team and that my probation was terminated with one weeks notice. I have had no time to prepare, no idea that this meeting was to represent myself against these overblown and in most cases false accusations and have lost my job? Do I have no right of re-dress at all?

Our Response:
Unless the dismissal can be viewed as discriminatory, you do not have much call for redress when on a probationary period. You can see more via the Jobsite link here which should further answer your questions.
WorkingRights - 31-Jul-17 @ 9:54 AM
I started at my company 2 months ago as a Team Leader of 4 staff. From the offset I was informed that one member of staff needed particular "love and attention" due to how they had been treated by a previous manager. Today I went to my pre-planned 1-2 with my manager and was told that this team member had presented a very long list of grievances against me. I was then asked to leave the building whilst my manager spoke to the rest of he team. When I came back I was told that this persons accusations had been substantiated by another of the team and that my probation was terminated with one weeks notice. I have had no time to prepare, no idea that this meeting was to represent myself against these overblown and in most cases false accusations and have lost my job? Do I have no right of re-dress at all?
Debbie - 28-Jul-17 @ 4:06 AM
P ingham - Your Question:
I am awaiting appointments for medical tests via the NHS. My employer has placed me on an interim working arrangement pending outcome of medical tests until 11th August. My first heart appointment has come through for the 15th Aug. I'm employed as a gas delivery driver and my doctor has said under no circumstances to drive. I've had no sick regarding this now my direct boss is saying that they may have to get an agency driver in to cover my duties which means that I won't be paid any wages and can be dismissed is this correct, as I'm stuck as I can't drive temporarily until I get the all clear. Thank you.

Our Response:
Much depends upon what type of contract you are on and what the terms are. The answer should be contained within your employment contract.
WorkingRights - 17-Jul-17 @ 4:15 PM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Topics
Latest Comments
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the WorkingRights website. Please read our Disclaimer.