These days, it’s become incredibly rare to find yourself in the same job for life. And this means, of course, that there will inevitably be times that you could be faced with the prospect of being let go, or, if you yourself are the employer, of ending the contract of a member of your team. However, here in the UK, there are laws relating to employment which must be adhered to when an employer decides that they need to terminate the contract of one of their staff.
Different Types of Termination
There are several ways in which a period of employment might come to an end. In the first instance, the employee themselves could make the choice to leave, perhaps as a result of an alternative job offer elsewhere. This is known as termination due to resignation. Here, the responsibility lies with the employee to give their employer the contractually agreed notice and to work for the agreed period before leaving. The employer may permit this to be served as “gardening leave” spent at home or encourage the out-going employee to use the remainder of their annual leave allowance.
A more challenging case comes with termination due to dismissal. As the name suggests, this involves the employer making the decision to end the employee’s contract, and, as such, must be handled with extreme care to avoid their organisation risking facing a tribunal.
The Law And Termination Due To Dismissal
If you have been working for the same employer for two years or longer, then the responsibility is on your employer to show that they have a valid reason for letting you go. Such reasons can include redundancy, conduct, and capability. It is also lawful for an employer to terminate your contract if you have breached a statutory restriction of your job, for example, by not having the legal right to work in the UK, not having or gaining an essential qualification, or losing your licence if your job depends on driving.
The employer must also be able to prove that they have behaved fairly towards you at all times. If they are unable to prove these points, then you may be able to claim that you have been subjected to unfair or constructive dismissal. You can learn more about your rights as an employee by exploring the information here https://www.employmentlawfriend.co.uk/constructive-dismissal Employment Law Friend constructive dismissal claim
For a termination to be deemed an unfair dismissal, the employer will have breached the terms of the contract between the organisation and the employee. Unfair dismissal can occur simply through the employer failing to give the employee the agreed period of notice before their termination, or failing to pay them for the full, contractually agreed, notice period.
Could I Make A Constructive Dismissal Claim?
In some cases, an employer may create or enable a working environment which makes it very difficult for an employee to endure their job, effectively forcing them to resign. Reasons for this can range from issues such as not being properly paid for the work, seeing your customary working hours changed for no reason, or being demoted without cause, through to serious incidents such sexual harassment and discrimination which your employer has failed to investigate properly. If this is the case, your rights as an employee will still be protected, in accordance with the unfair dismissal laws. This is because your employer will have effectively broken their contract of employment with you.