DYW - Orkney
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Employment Rights

There is Protection Against Unfair Dismissal

Employers must give a lawful reason if they choose to terminate an employment contract. They must also give the agreed amount of notice in the contract (unless this is lower than the statutory minimum notice period) and follow a fair procedure throughout the process.

A fair dismissal occurs for one of the following reasons:

  1. Your conduct.
  2. Your ability to do the job.
  3. Redundancy.
  4. You no longer meet a legal requirement necessary to carry out your job (for example, if you had to drive but lost your license).

You can also have your contract terminated for some other substantial reason outside of these four.

There are some cases where the dismissal would be considered unfair.

You must have been continuously employed by your employer for a minimum of two years in order to be legally protected against unfair dismissal. However, there are some instances of unfair dismissal where you’re protected from your first day.

These include:

  • Being a member of a trade union.
  • Refusing to give up a statutory right, such as the right to a break or asking for flexible working hours.
  • Whistleblowing (if you report wrongdoing you’ve seen at work).
  • Being dismissed because of a protected characteristic, such as race, religion, pregnancy or sexual orientation.

​Employers must pay former employees compensation if an employment tribunal decides their dismissal was unfair. This can be up to one year’s pay, capped at £86,444 (whichever is lower).
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This information has been developed by the Local Employability Partnership.

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  • Home
  • Young People
    • Careers in... >
      • Aquaculture
      • Construction
      • Early Years & Childcare
      • Energy
      • Food & Drink Production
      • Health & Social Care
      • Land-based
      • Retail
      • Tourism & Hospitality
    • My Options >
      • Apprenticeships
      • College
      • University
      • Employment
      • Planning for the Future >
        • Making Decisions
        • Your Options
        • Finding and Getting a Job
      • Your Next Steps
    • Get Hired >
      • The CV
      • The Job Application
      • The Job Interview
    • Stand out from the crowd >
      • 10 Ways to get Experience
      • Make the Most of Your Work Experience
      • Get Creative
    • Work Placements
    • Employment Rights
  • Employers
    • Get Involved
    • Employer Testimonials
    • Ways to Engage
    • Apprenticeships
    • Hire a young person
    • Young Person's Guarantee
    • Funding and Support
    • Employer Workshops
  • Education
    • Marketplace for Education
  • Parents
    • Discovering their career options
    • Choosing their next steps
    • Getting their first job
    • Unlocking their potential
  • Latest News
  • Work Placements