Employment Lawyers Can Answer Your Employment Law Questions
Hi, not sure if you saw my initial query above - is the employer now trying to terminate your employment?
hi, yes they intend to dismiss me my initial contract was for 6 months this started in june 2008 and was never renewed. and i have also been told that i am not entitled to any redundancy
Hi, if you were on an initial 6 month fixed term contract and you carried on working for longer than the original contract end date, then there is an implied understanding that the end date of the contract has changed. You can get confirmation of this here, under ‘Working longer than the contract’s end date’:
As you have been there since 2008, you therefore would have around 6 years’ continuous service with this employer.
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.
You would only be entitled to a redundancy payment if the reason for the dismissal is redundancy. If it falls within any of the other reasons mentioned above then you would not get a redundancy payment but obviously the employer would need to show that the dismissal was for one of these reasons and in any event they must follow a fair procedure.
If they cannot show that there was a fair reason for dismissal then you can challenge that, firstly by making an internal appeal once the dismissal is confirmed and after that by making a claim for unfair dismissal in the employment tribunal.
Hope this clarifies your position? If you could please let me know that would be great, thank you