You have a legal right not to be dismissed except for fair reasons,
provided you have worked continuously for at least one year. If you
have been unfairly dismissed, a tribunal may award compensation.
The Employment Relations Act 1999 fixes a maximum amount. As at
October 2001 this figure was £51,700. There is no maximum
amount of compensation in discrimination cases.
If you are dismissed
contact your GMB representative
immediately.
The one-year service qualification does not apply where the dismissal
was for pregnancy, for trade union membership, for trying to
enforce
a statutory right, for health and safety reasons and for refusing
to work on a Sunday as a protected or opted out worker. Workplace
representatives also fall into this category. All dismissals for
these reasons are also regarded as automatically unfair. If you
are dismissed in one of these circumstances
contact your GMB representative
at once.
Even if you haven't worked for long enough to claim unfair dismissal,
you have a legal right to a period of notice before dismissal.
The
minimum notice you can be given is a week, provided that you have
been working for at least a month. Thereafter for every year
worked
you have the right to a week's notice up to a maximum of 12
weeks.
If an employer dismisses in breach of the contract (for example
without giving the notice required by contract/statute) this is
called a wrongful dismissal. Equally, of course, if
you were resigning you should give whatever notice is stipulated
in your contract, although often employers will not follow this
up. If you believe you have been wrongfully dismissed
contact your GMB representative
.
If your employers say that they no longer need you to do the work
you do and you have been working for two years you are entitled
to redundancy pay of a weeks' pay (to a maximum of £240)
(2001)
for every year of service. Employers have to consult employee
representatives
whenever they propose 20 or more redundancies. They should also
consult you. If you are dismissed for redundancy without any
consultation
contact your GMB representative
immediately.
|