What Is A Dismissal?
If the employer ends the contract of employment it is a dismissal.
Unless an employee is contracted to work for only a specific fixed period or their contract provides for circumstances that automatically end it, their employment can usually only be terminated by either the employee or their employer giving a period of notice.
If an employer fails to renew a contract for a fixed period when that period comes to an end a dismissal will also occur.
A dismissal does not only occur when the employer expressly terminates the contract of an employee. Retirement, resignations and redundancy are also technically dismissals.
Employees are protected by law from unfair dismissal after two years of employment with the same employer.
There are a number of potentially fair reasons for a dismissal, and some dismissals will be automatically unfair.
More information about unfair dismissal.
To avoid employment tribunal claims for unfair dismissal or some other claims, employers often seek to negotiate terms for someone to leave their employment and put in place an employment settlement agreement to make it binding.
More information about settlement agreements.
Bishopsgate Law employment lawyers provide independent legal advice about employment settlement agreements, and represent employees and employers at Employment Tribunals.
Find out how Bishopsgate Law can help you:
- Employment Law Solicitors
- Settlement Agreement Advice
- Employment Tribunal Solicitors
- Employment Law For Employers
Last Updated on December 15, 2020 by Admin