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If your employer dismisses you they must have a fair reason for their action, for example because of your conduct at work. Find out more about fair reasons for dismissal, and your employment rights should you be dismissed. Show
Your conductIf your employer has dismissed you because of your conduct, it usually means you have broken one or more of the terms of your employment. For example:
Your employer should follow a fair disciplinary procedure before dismissing you for misconduct.
Your ability to do your jobIf your employer has dismissed you for your capability it may mean that you aren't performing to the required standard or that you can't do your job properly. For example:
Your employer should make sure you are given adequate training to do your job. If you are performing poorly, you should usually be warned that your work isn't satisfactory and be given a chance to improve before any action is taken. IllnessIf you are persistently off sick, or on long-term sick, your employer should normally look at any alternatives before deciding to dismiss you. For example, they might have to consider whether the job itself is making you sick and needs to be changed. You can still be dismissed if you are off sick. Your employer would normally be expected to allow a reasonable amount of time for you to recover from your illness. The actual amount will depend on things like:
If you have a disability (which may include long-term illness), your employer has a legal duty to try to find a way round the problem. They must make 'reasonable adjustments' to how and/or where you work. Dismissal because of a disability may be unlawful discrimination.
RedundancyRedundancy is dismissal from your job, caused by your employer needing to reduce the workforce. Reasons could include:
If you are being made redundant then your employer has several responsibilities towards you to make sure you are treated fairly.
A statutory restrictionYour employer can dismiss you if continuing to employ you would break the law, for example, if you are a driver and you lose your driving licence. Your employer would be expected to try and find other suitable work for you before choosing to dismiss you. Some other substantial reason'Some other substantial reason' applies to a situation where your employer has an overwhelming reason why you must be dismissed. They would be expected to look at any alternatives before choosing to dismiss you. Reasons that have previously fallen into this category include:
You can only be dismissed because of your age if this can be objectively justified. Such cases of compulsory retirement are likely to be considered by Industrial Tribunals under the 'some other substantial reason' heading.
Where you can get helpThe Labour Relations Agency offers free, confidential and impartial advice on all employment rights issues. Advice NI offers free and impartial advice. If you are a member of a trade union, you can get help, advice and support from them.
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Help improve this page - send your feedbackTell us more about the problem you're having with the nidirect website. What to do nextWhen the employment of an employee ends for any or no reason?At-will means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences.
When the employment of an employee ends it is called?Key Takeaways. Termination of employment refers to the end of an employee's work with a company. Termination may be voluntary, as when a worker leaves of their own accord. Involuntary termination occurs when a company downsizes, makes layoffs, or fires an employee.
Can employment be terminated for no reason?If the employee has less than two years of service, due to not having the legal protection from being unfairly dismissed, an employer can legally dismiss them without following any process or giving a specific reason.
What happens at the end of an employment contract?If after the specified term of the contract the parties continue their employment relationship, then despite the specified term, the contract may be thereafter seen as one of indefinite duration, which is subject to termination by either side upon reasonable notice.
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