Hi there, thanks for your patience. 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 they simply go ahead with terminating your employment by not following a fair procedure and giving you notice, then the likelihood is that this would amount to an unfair dismissal, which you can challenge. Whilst there is nothing to prevent them from terminating your employment, you can certainly challenge the reasons and overall fairness.
You may have accepted an offer to terminate your employment but that would need to go through a settlement agreement, where you are required to take formal legal advice before you sign it and until then it would not be legally binding anyway. So if you want to reject the offer, you may do so. That puts the ball back in the employer’s court and it would be for them to decide how to proceed with this. As mentioned, they could just decide to terminate your employment anyway but they would be required to show there was a fair reason and follow a fair procedure too and in the absence of either, the dismissal can be challenged as an unfair one.
This is your basic legal position. I have more detailed advice for you in terms of the rights you have should they try and dismiss you anyway, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you