The latest series of The Apprentice is currently showing, with Sir Alan Sugar sacking a contestant each week for our entertainment.
But it’s not so funny if it happens to you. And there’s a lot of it about…
- At the time of writing, former German spy chief, Hans-Georg Maasen, has been “placed in early retirement” from his new job in the interior ministry because of a speech he made Read more
- Ryanair has just sacked six crew members who were pictured sleeping on the floor at Malaga airport, for bringing their employer into disrepute Read more
- Three Befordshire police officers also lost their jobs recently due to gross misconduct Read more
If you are dismissed, there is a certain process your employer should follow. If they don’t, you may be entitled to compensation.
Reasons you can be sacked
Your employer has the right to sack you if you can’t or won’t do the job properly. If the reason you’re underperforming is because of ill-health, they must do whatever they can to support you before deciding to dismiss you.
Another reason you can lose your job is if you commit some form of misconduct.
Misconduct might include persistent lateness or unauthorised absence. Issues such as theft, violence, negligence or insubordination are described as ‘gross misconduct’. ‘Serious misconduct’ is anything that causes serious harm to the organisation itself.
What should happen
Here’s the usual process:
Your employer should arrange an initial meeting to discuss the problem. This meeting is to give you the chance to explain yourself. If your employer isn’t satisfied, they will give you a first written warning. This should clearly state the improvement you’re expected to make within what time period.
If they’re still not happy after that time, you’ll be called to another meeting. Again, you’ll have the chance to put your side of the story. If not satisfied, they may issue a final written warning with a revised action plan and deadline.
If your performance doesn’t meet their required standard by then, you’ll be called to another meeting where you will get one last chance to improve, or you might be dismissed.
At every meeting, it’s wise to make notes of everything that’s said, including all dates and details. You have the right to take someone with you for support.
For cases of serious misconduct, there might only be one first and final warning. For gross misconduct, you might be dismissed immediately.
What to do
Your dismissal could be unfair if:
- Your employer didn’t help you address your poor performance before sacking you
- The allegations of your misconduct were false or unproven
- The dismissal procedure wasn’t carried out fairly
- You were fired for health reasons
- You were selected for redundancy but the process was unfair
If you think you’ve been dismissed unfairly, you could make a claim for compensation or even reinstatement into the job you lost.
Here’s where you can find out more about how we help in cases of unfair dismissal
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