Unfairly sacked from work?

Assess your situation and decide what to do next.

Getting the sack can come as a bit of a shock to the system. It can also be the end result of a situation you have seen coming down the road for a while. Whatever the circumstances, it’s important to remain cool. Let the anger and/or surprise of rejection subside and then assess your situation, calmly. If you hated the job and are relieved to be rid of it, then you might decide to heave a sigh of relief and move on. However, if you feel that you have been treated unfairly you may decide to take things further.

There are various ways in which you can challenge a dismissal – you may believe it is discriminatory (whether it is on the grounds or race, sex or disability), or that you have been dismissed for poor performance without your employer following a proper disciplinary procedure. You may believe that your dismissal is unlawful because it is related to pregnancy or maternity leave, or that you have been made redundant in circumstances you do not believe are genuine.

If this is the case it might be possible to take your case to an employment tribunal. Say your employer claimed that you were performing poorly and dismissed you, yet someone else of the opposite sex, who was performing to the same standard, was not dismissed, then you might have a sex discrimination claim. The Sex Discrimination Act says it is unlawful for you to be dismissed because of your sex or marital status.

Your employer should have a disciplinary procedure, dismissal or redundancy policy in place. If they have not followed their dismissal procedures correctly, then you might have a claim of unfair dismissal under the Employment Rights Act. Also, look at their procedures to see that they themselves are not discriminatory. For instance, if your employer’s redundancy policy says that part-timers will be the first to go and all the part-timers are women, then this could be discriminatory.

If you decide you do want to take things further, then the best thing to do is to contact the Equal Opportunities Commission (EOC). The EOC will tell you what conditions apply, what procedures to follow - and may also offer advice. But be aware that there is a time limit on making complaints – in most cases three months from the date you first knew of the alleged discriminatory act or the date of dismissal.

Further information

  • The Equal Opportunities Commission, Head Office, Overseas House, Quay Street, Manchester M3 3HN (0161 833 9244; fax: 835 1657); email: info@eoc.org.uk; website: www.eoc.org.uk Wales: Windsor House, Windsor Lane, Cardiff CF1 3DE (01222 343552; fax: 641079); email: wales@eoc.org.uk; website www.eoc.org.uk Scotland Stock Exchange House, 7 Nelson Mandela Place, Glasgow G2 1QW; email: scotland@eoc.org.uk; website http://www.eoc.org.uk
    For guidance on how to complete an application to an employment tribunal, getting your evidence together and getting the evidence from the person or company you’re making your claim against, ask the EOC for its Step by Step Guide to Taking a Case to an Employment Tribunal in England and Wales. For equality issues in Northern Ireland visit the Equality Commission for Northern Ireland at http://www.equalityni.org.
  • Your Trade Union
  • Rights of Women, 52 Featherstone Street, London EC1Y 8RT (020 7251 6577)
  • Your local law centre – look in Yellow Pages or call the Law Centres Federation (020 7387 8570; Scotland: 0141 561 7266)
  • Citizens Advice Bureau – look in Yellow Pages, ask at your local library or call the National Association of Citizen’s Advice Bureaux in England and Wales (020 7833 2181), in Scotland (0131 667 0156) and in Northern Ireland (028 90 231120)