Dismissal and termination of employment

A person has been dismissed from their employment when

His/her employment is terminated at the initiative of the employer or

He/she resigns employment but the resignation was forced by the conduct, or a course of conduct, by the employer.

Dismissal is when your employer ends/terminates the services of the employee.– they don’t always have to give you notice.

Dismissal is generally for a reason which is the fault of employee. Dismissal is a result of punishment to the concerned employee for his misconduct, for unauthorized and prolonged absence from duty, insubordination etc.

It is the act of ordering or allowing someone to leave. The act of treating something as unworthy of serious consideration, rejection.

The most common colloquial term for dismissal in America is “getting fired” whereas in Britain the term “getting the sack” or “getting sacked” is also used.

As dismissal is the most extreme action leading to ending the employee-employer relationship, attempts are made to avoid it. The dismissal decision is a result of serious discussions among supervisors or administrators or the concerned authorities in the organisaton. It is always kept in mind that the decision of dismissal must be on the justified grounds. If an employee is dismissed, the employer must show they have

A valid reason that they can justify

Acted reasonably in the circumstances

The concerned employee who is to be dismissed is given an opportunity to defend during the judicial procedure.

The general rule in the proceeding is that, there should be no violation of the principal of natural justice ensuring that the punishment is not out of proportion of the offence committed.

It should also be noted that if there is any irregularity in completing the procedure of dismissal, the action taken by the management can be challenged by the concerned employee or by the trade union and the action of dismissal taken can become invalid.

Dismissed employees rights

1] Overview

Dismissal is when your employer ends your employment – they don’t always have to give you notice.

If you are dismissed, your employer must show they’ve.

Been consistent eg not dismiss you for doing something that they let other employees do.

Have investigated the situation fully before dismissing you eg if a complaint was made about you.

If you are a part-time or a fixed-term worker, you can’t be treated less favourably than a full time or permanent employee.

2] Notice period

You must be given at least the notice stated in your contract or the statutory minimum notice period, whichever is longer.

There are some situations where you can be dismissed immediately eg violence.

3] Getting your dismissal in writing

You have a right to ask for a written statement from your employer giving thr reasons why you’ve been dismissed if you are an employee and have completed 2 years’ of service.

Your employer must supply the statement within 14 days of you asking for it.

Your employer must give you a written statement if you are dismissed while you are on maternity leave. You get this

Even if you have not asked for it.

Regardless of how long you’ve worked for your employer.

Speak to your employer or check your employment status if you are unsure of your employment status.

Posted in Mpm