Losing your job

Protection from unfair dismissal

If the person you work for sacks or fires you, they must give a good reason, such as misconduct, poor performance or redundancy. If they don’t, or if they fail to behave reasonably in firing you, they may be breaking the law.

This is called unfair dismissal.

Your employer also cannot treat you so badly that you are forced to leave your job when you don't want to.

This is called constructive dismissal and it is normally a type of unfair dismissal.

Protection from unfair dismissal is for employees only and, in most cases, you must have been working for your employer for at least two years to have the right not to be unfairly dismissed unless it is for what is called an automatically unfair reason such as taking part in union activities or whistle-blowing.

However, both employees and workers have protection from discrimination. Your employer generally cannot fire you or treat you less well than someone else because of any of the following protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation.

Redundancy and the end of furlough

Sometimes the person you work for may have to let you go if there is no more work available or they cannot keep paying you.

This is called being made redundant.

Many people were worried that they might be made redundant when furlough ended on 30 September 2021.

Redundancy dismissals

There are three key things your employer should do if they are considering making you redundant. If they don’t, they may be breaking the law by dismissing you unfairly.

1. They should warn you of the risk of redundancies and consult with you. The consultation must be meaningful, not a formality, and done in an adequate timeframe. There is no hard and fast rule about how long the consultation should be and it depends on the circumstances.
2. They should adopt fair and objective criteria for choosing who to make redundant.
3. They should consider the possibility of alternative employment and consider whether it is possible to avoid or reduce the need for dismissals.

You should also make sure you haven’t been chosen for redundancy because of one of the protected characteristics.

You can check whether you have been dismissed unfairly by following the steps on the Citizens Advice website.

If you do think you have been unfairly dismissed or forced to leave your job, there are lots of different ways to try and deal with the problem yourself.

Citizens Advice has some good advice on their website about what you can do.

Citizens Advice have also published really helpful information on what to look out for if you’re at risk of redundancy at the end of furlough.

Statutory Redundancy Pay

If you are made redundant, the person you worked for may have to pay you a certain amount of money based on your age, how much you earned and how long you worked for them.

This is called Statutory Redundancy Pay (SRP).

Statutory Redundancy Pay is for employees only and you must have been working for your employer for at least two years. You should also check your contract, as it might give you a bigger redundancy payment that the statutory amount.

If your employer refuses to pay you redundancy pay or can’t because they can’t afford it, then you can apply for a redundancy payment out of the National Insurance Fund. You can do this online at www.gov.uk/claim-redundancy.

If you are made redundant while furloughed, or when furlough ends, your redundancy pay should be based on what you normally earn, not 80% of it.

Other money you could get

If you are dismissed, you may be entitled to other payments, such as notice pay and holiday pay. Notice and notice pay are discussed below.

If you lose your job you must also be paid for your unused holiday. If you are furloughed when this happens, it should be paid at your usual rate, not 80%.

There is more general information about redundancy pay on the government's website.

If you have been made redundant and you want to know how much money you should get, you can try using the government's redundancy pay calculator tool.

If you think the amount of redundancy pay you have been offered is wrong, there are lots of different ways to try and deal with the problem yourself.

Citizens Advice has some good advice on their website about what you can do.

Statutory Notice Periods and Statutory Redundancy Notice

If the person you work for sacks you or lays you off, they may have to give you a certain amount of time before you have to leave.

This is called a Statutory Notice Period, or Statutory Redundancy Notice if you have been made redundant.

If you have been in your job for at least one month, then you’re entitled to paid notice. How long your notice period is depends on how long you have been in your job.

If you have a written contract then you may have agreed to an increased notice period. This will be in your contract, and is called a Contractual Notice Period.

Your notice period only starts when you are told that you are being dismissed. For example, your notice period does not start when you are warned that you might be made redundant.

If you are sacked for doing something really bad – called gross misconduct – then you may have to leave without any notice.

Rights about notice periods are for employees only.

Separately to notice, if you have worked for your employer for at least two years then you have the right to reasonable time off to look for other work if you are made

The person you work for must normally keep paying you your full wages during your notice period.

Sometimes they can ask you to leave straight away but pay you all the wages you would have earned during your notice period.

This is called payment in lieu of notice.

There is more detailed information about notice periods and pay on the Citizens Advice website.

You can check whether you have been given the right notice period and pay using this tool on the MyPay London website.

If you think you have a problem with the notice period or pay you have been given, there are lots of ways to try and deal with the problem yourself.

There is some good advice about what you can do on the Citizens Advice website.

Transfer of Undertakings (Protection of Employment)

If the company you work for gets taken over by somebody else, or is brought back “in-house”, you should usually keep your job under the same terms and conditions. If you don't the new owners may be breaking the law. Your new employer will only be able to make changes to the terms of your employment in limited circumstances, or if your contract allows the changes to be made.

You are protected under a law called Transfer of Undertakings (Protection of Employment) or TUPE for short.

It can be difficult to know when you are protected by TUPE. For example, the new owners of your company may be able to make you redundant or lay you off if the company has no money.

If you are sacked and the main reason is that your business or department has been transferred to a new employer, then your dismissal will be automatically unfair, as long as you have been employed by the business or in the department for a minimum of two years.

There are also different rules about what happens to your pension (if you have one) depending on what sort of job you do.

Protection under TUPE is for employees only.

There is some good information on the Worksmart website about your rights when the company you work for is taken over.

If you do think your rights under TUPE have been breached, there are lots of ways you can try and deal with the problem yourself.

There is some good advice about what you can do on the Citizens Advice website.

Often, it is better for everyone involved if workplace issues can be resolved without making a claim to an Employment Tribunal. However, you should be aware that there are strict time limits for enforcing your rights in an Employment Tribunal. If you don’t bring your claim quickly enough then, unless the tribunal decides to allow your claim to proceed out of time, you won’t be able to enforce your rights.

There are different time limits for different types of employment rights. If you want to find out more and make a claim, you can contact ACAS through https://tell.acas.org.uk/. You may lose your right to make a claim, if you wait three months from the date of whatever it is you are complaining about before doing this. The time limits apply even if you have taken out a grievance against the employer or you are appealing against action that has been taken against you.

Over the phone or via email

• if you want more general information about employment rights you can telephone the ACAS helpline on 0300 123 1100. It's open from 8am-6pm, Monday to Friday, and can give you help in any language. If you have a hearing or speech impairment you can use their Text Relay service on 18001 0300 123 1100. They may also be able to help you to sort out the problem with the person you work for. This is called mediation.
• if you are disabled and want advice about your employment rights you can contact the Disability Law Service (DLS) on 0207 791 9800 or email [email protected]
• Working Families are a national charity that provide free advice for parents and carers. You can visit their website for more information, email their free helpline [email protected] (they aim to respond within five working days) or call 0300 012 0312 (currently open Monday 3pm - 5pm, Tuesday and Thursday 12pm - 2pm)
• if you are a member of a Trade Union you can contact them directly for advice

Face-to-face advice

We've created a map of advice centres in London to help you find out where to get help with unfair dismissal. We've also provided their details in a list. Lots of them also give advice over the telephone or by email.

It’s important to remember that some places may only be able to help you:

• with certain things like general advice or filling in forms
• if you live or work close to them (eg you may have to live in the same borough)
• if you come from certain countries or backgrounds (eg you come from Eastern or Central Europe)
• if you don’t earn very much or are struggling with money
• if you have telephoned them first to make an appointment

Make sure you check these details on our map or list of centres so you find the right place to help you.

If you are struggling to deal with the problem yourself, there are lots of places where you can get more help.

Before you contact anyone for support, it’s really important to have as much information as possible. Things you might need include:

• a description of the problem you are having
• a copy of your employment contract (if you have one)
• a copy of any recent pay slips (if you have one)
• a copy of any letters or emails between you and the person you work for that relate to the problem you are having
• details of any conversations about the problem you have had with the person you work for