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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47426
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can my employer just dismiss me after 3 years by just giving

Resolved Question:

Can my employer just dismiss me after 3 years by just giving me a months notice as per my contract.
Do they need to give me a reason
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have they provided any clues as to the reason behind the dismissal?

Customer:

Just that they no longer want me and provided me with a months notice period as per stated in my contract

Ben Jones :

when did this happen?

Customer:

end of January 2014

Ben Jones :

If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.


 


According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.


 


If the employer has either failed to provide a fair reason or follow a fair procedure, the dismissal is likely to be unfair and you could appeal to the employer first, before considering making a claim for unfair dismissal in the employment tribunal.

Customer:

Did you check the copy letter I attached?

Ben Jones :

I did, it changes nothing to the above, they have not provided any reason or appear to have followed a fair procedure

Customer:

ok thank you

Ben Jones :

you are welcome

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