Dismissal

Dismissal is when the employer ends the contract of an employee. This must be done in a fair way.

There are different types of dismissal:

Fair dismissal- Based on the reason and the process of dismissal
Unfair dismissal- Based on the reason and the process of dismissal
Constructive dismissal- This is when a serious breach of contract has been carried out and therefore the employee must resign in response to the employer’s conduct.
Wrongful dismissal- This is where you break the terms of an employee’s contract in the dismissal process, e.g. dismissing someone without giving them proper notice.

If the employer dismisses you from 6 April 2009 onwards, they should follow the procedures which are laid out in the Acas Code of Practice on disciplinary and grievance procedures.

The procedure should have the following steps:

Letter- The employer should send you a formal letter explaining the situation.
Meeting- The letter should be followed by a meeting to discuss everything face to face.
Verdict- The employer should then write to you expressing their final decision.
Appeal- You then have the right to appeal against your employer’s decision

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