Notice of dismissal from work
Know your rights if you get the sack.
If you're dismissed from your job, you will usually have the right to a period of notice before you actually have to leave. There are a few exceptions to this, including if you've been dismissed for gross misconduct (which includes things like stealing from your employer or being drunk or violent at work).
The legal minimum period of notice you should get is:
- One week, if you've worked for your employer for one month but less than two years;
- Two weeks, if you've worked for your employer for two whole years;
- Two weeks plus an extra week for each full year's employment over two years. For example, if you've worked for three and a half years, you have the right to three weeks' notice. You can have a maximum of twelve weeks' notice in total.
You should never get less notice than the legal minimum, but your contract of employment might give you more.
How should you get your notice?
In most cases your employer must send you a written statement saying why they want to dismiss you. They must also hold a meeting with you to discuss the matter and hold an appeal meeting with you if you want one. They must make it clear how much notice they are giving you. If you have worked for your employers for at least one year, and they do not follow the correct procedures, an employment tribunal will automatically find that you've been unfairly dismissed.
Pay in lieu of notice
If your employer has dismissed you without giving you the correct notice, you may be offered pay for this notice period instead. This is known as pay in lieu of notice or severance pay. You should be given pay in lieu for the correct number of weeks at the rate of your normal wages, although it shouldn't have tax or national insurance deducted from it.
If the amount of pay in lieu is correct, you can't force your employer to let you work the period of notice instead of getting pay in lieu.
Not enough notice
If you've been dismissed without the right amount of notice and not offered pay in lieu of notice, you may be able to take your employer to the employment tribunal for breaking your employment contract (wrongful dismissal).
Terms and conditions during your notice period
During the notice period, your normal terms and conditions of work apply. That means you should get paid as normal and have the same rights to holiday and sick pay.
Maternity leave
If you've been on maternity leave, you have the right to return to work when your maternity leave comes to an end. If your employer gives you notice while you are on maternity leave, you may be able to make a claim to an employment tribunal for unfair dismissal or sex discrimination or possibly both.
Fixed-term contracts
If your contract has an end date, your job will end on the date your contract says. You will not get any extra notice of when the contract runs out. Your contract may say that your employer is allowed to end the contract earlier than this date (an early termination clause). If this is the case, the usual rules about notice periods apply.
If you're on a contract which runs for the length of a particular task, and the work is expected to last for at least three months, but it ends early, the usual notice rules apply.
Further help
If you need more information about unfair dismissal you can get advice from a conciliation officer at the Advisory, Conciliation and Arbitration Service (Acas) on 08457 474747 or your local Citizens Advice Bureau.
By Tom Green
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