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Getting Fired From Your Job

By: admin

Getting Fired From Your Job

There is only one thing that is worse than being made redundant and that is being fired from your job. Unless you one of those people who is completely oblivious to your surroundings and to other people you will most probably know well before the hammer falls and you’re handed your P45 that your number is more or less up and you are going to get your matching orders.

Employment laws in the UK are fairly tight and your boss can’t just fire you on a whim, or because you forgot to put sugar in the morning round of coffees.

To get fired from your job you must have done something which warrants dismissal. When you started your job, you will have signed a contract which stated the grounds for which you could be dismissed.

Being fired is not the same as being made redundant. One if of you own making the other redundancy is generally out of your control and with redundancy you might be eligible for redundancy pay.

Gross Misconduct

What constitutes gross misconduct? This does depend on the company you are working for although there as conditions which are generally accepted as normal across most companies which will get you the sack faster than the postman.

  • Having sticky fingers. If you steal from the company, you’ll be fired. So, return those post it notes
  • Duffing up your colleagues. As much as some of them sometime deserve a smack around the head it will cost you your job
  • Calling on of your colleagues a “Hot steaming pile of C**T” will also earn you a red card and out of the door you go
  • Pushing people about and being a bully will get you thrown out as well, so bulling is out of the question
  • Smoking in the office, or juggling knives will see you on the street, so any serious health and safety violations will get you fired.
  • Having one too many over lunch and staggering back to the office drunk will get you fired
  • Being as high as a kite is a big no, no. Say no to drugs kids.
  • Being a complete idiot, which costs the company loss or damage,

Although the above will most definitely get you toss out of the office on your ear you could also find yourself in hot water if you are found doing any of the above while wearing company uniform.

What is misconduct?

Misconduct is generally for “minor” offenses such as being late for work or breaking something in the office.

If you speak out of turn to a co-worker and you offend them (Watch out, everyone is offended by something nowadays) you could find your self in front of HR for misconduct.

This also applies if you said something inappropriate in front of a client. (I have managed to get away with this on numerous occasions due to my ability to be fantastic at my job that it did not matter), but I would not recommend being rude to a customer. I was just very “direct”. But any lesser creature would have had a chat with no coffee.

If you rack up multiple verbal mis-conduct warnings and then followed by multiple written warnings could be grounds for dismissal. After your first written warning you do not change your ways and continue to be a pest or menace around the office then you know that it is only a matter of time before you are given your marching orders.

With gross misconduct the employer will have to investigate the claims unless of course the boss saw you wheeling the photocopier across the carpark into the back of your van then there is still a process which must take place.

What is the Procedure

The process which goes into firing someone is different between companies. Although there are some common points amongst all companies.

Firing someone from their job is not to be taken lightly and all employers understand that they must follow a set procedure, so they do not fall foul of unfair dismissal claims. There are two components to determine if the dismissal was fair or unfair.

  • What was the reason for the dismissal?
  • How was the dismissal handled?

If your employer has reason to fired, you for repeated breaches of employee policies or for gross misconduct they must show that they have followed the right procedures and have evidence that you had acted in a way to warrant dismissal. This is fair dismissal.

If you walk in one morning and your boss fires you out of nowhere without cause, reason or explanation then this is unfair dismissal.

If you can see the writing on the wall, you could just fall on your own sword rather than be fired.

Should you be dismissed (Fired) from your job it is important that you their documentation detailing the reasons for your dismissal. If you are an employer, you must without fail follow the rules accord to UK employment laws regardless how you feel about the employee you wish to see the back off.

If you as an employer do not follow the law then you could be taken to a tribunal, so make sure that you have your documents in place.

Unfair Dismissal 

Unlike Victorian Britain when you could shove half a dozen kids up a chimney, employees today have quite a few rights to protect them from the cold of the streets.

As an employer you must give your employee a “valid reason they can justify” that will hold up in court.

You as an employer must ensure that every employee has read, understood and signed their employment contract which binds them to the rules and behaviour expected of them when they work for you. These rules stated in the contract have to be reasonable they cannot be a burden on the employee beyond what is acceptable. For example, you can’t write into a contract they must carry you to the shops in a sedan chair.

As an employer you cannot show exceptions, for instance you can’t allow one employee free rein to swear and be rude to others but dismiss another other employee for the same behaviour. The rules must be applied to all equally (Unless you were me and fantastic as their job). In short you as an employer must show consistency.

So, what other rights do employees have:

  • You must give a “notice period” that is stated in their employment contract or the statutory period, whichever of the two is longer.
  • If they have been employed for over two (2) years, they can request that you provide a written statement as to the reasons they are being dismissed.

If you are found to have fired someone unfairly then one of the three events could happen:

  • You’ll have to re-hire them.
  • Re-hire them into a different position
  • Pay them compensation.

The bottom line is this. Your job is your lifeline, it is the sole thing which puts food on the table. Look after your job. Being fired is not a great position to be in and you may find it difficult to be hired for another job if word gets around that you are a difficult employee.

Debt management agencies are regulated by The Financial Conduct Authority

Many people in the U.K struggle with debts and many do not know how to start to repay them speaking to a debt advisor is one of the best things you will do along with taking action yourself by speaking directly with your creditors.

https://www.nationaldebtline.org/ and https://www.moneyadviceservice.org.uk

You should always seek professional advice when handling debt problems. Cashute are not licensed debt advisers and any information contained in this article should not be taken as legal advice. It is your Responsibility to seek out correct legal advice

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