I work as an office Administrator and I am thinking of leaving the office, as I feel that my employer will soon dismiss me for no fault of my own. I am not sure what my employee rights are in regards to the notice period that my employer will have to give me. I would like to find out how much time I have to start looking for a new job. How much notice do my employers need to give me before they can dismiss me?
The Answer from Solicitors online
Employee Rights in Dismissal
A good place to start when finding out what your employee rights are in a situation of dismissal is your contract of employment. Your contract of employment should state the notice your employer is required to give you, if you they want to dismiss you.
Getting Dismissed with a notice period
It is also important to note that UK law provides a set of minimum notice periods that your employer must abide by. The length of notice written in your contract cannot be less than the legal minimum notice period. All UK employers must provide employees with:
a) One week’s notice after an employee has carried one month of employment.
b) Two week’s notice after an employee has carried out two years of employment.
c) Three weeks after an employee has carried out three years of employment.
If your employer gives you less notice than the length of times stated above, then your may be able to sue your employer. This would be a claim for wrongful dismissal that you would make at the Employment Tribunal Service.
Payment in lieu of notice
As an employee you can waive your right to receive notice from your employer or agree to receive a payment instead of having your notice period. However the option of receiving a payment in replacement of your notice period must be stated in your contract of employment, for you to take up such an option. This payment option is known as payment in lieu of notice.
Getting fired without notice
If your behavior at work has been deemed to be gross misconduct e.g. violent, theft or discrimination to another member of staff, it may justify you getting dismissed by your employer without notice.
If your employer has acted in an extremely bad way towards you, it may justify you leaving your job without giving your employer any notice. However it is always best to talk to a Solicitor first and tell them the specific details of your employers actions that make you want to leave without giving notice.
If you need legal advice on your employee rights and dismissal, you get legal advice online from one of our Solicitors online right now.