WORKPLACE ANSWER
What happens if my employer dismisses me?
Understand what dismissal means, what your employer should tell you, what happens to your notice and final pay, and what you can do if you disagree with the decision.
Quick Answer
Dismissal is when your employer ends your employment. It can happen for different reasons, including conduct, capability, redundancy or another substantial reason.
Your employer should tell you why you are being dismissed, when your employment will end, what notice applies and whether you can appeal. The process that should have happened before dismissal will depend on the reason and circumstances.
If you have just been dismissed, check the dismissal letter, your notice and final pay, and any appeal deadline before deciding what to do next.
The main potentially fair reasons for dismissal are usually described as:
Why Can an Employer Dismiss Someone?
Employers can dismiss employees for different reasons. The reason for dismissal affects the process that should normally have taken place and what an employer should consider before making a decision.
Conduct
Concerns about an employee's behaviour or misconduct, for example repeated lateness, ignoring reasonable instructions or serious misconduct at work.
- Capability or performance
Concerns about whether the employee can perform their role to the required standard, for example where performance has not improved after reasonable support or warnings.
After dismissing someone, many employers will:
• confirm the dismissal in writing, often in a letter or email
• explain your notice arrangements, including whether you will work your notice, be paid in lieu of notice or leave immediately
• calculate your final pay, including any outstanding holiday pay and agreed deductions
• explain how and when to return company property
• provide information about any appeal process and how to use it
In some situations, there may be follow-up meetings after the decision, for example to discuss handover or to answer questions. In other cases, there may be little contact after the dismissal is confirmed. If you are unsure what will happen, you can ask your employer to explain the next steps.
How do I appeal a decision at work?
Frequently Asked Questions
Does my employer have to tell me why I was dismissed?
Your employer should make the reason for dismissal clear. In some circumstances employees also have a legal right to receive or request written reasons. If the reason is unclear, ask your employer to confirm it in writing.
Will I receive notice if I am dismissed?
Most employees are entitled to contractual or statutory notice, although dismissal for gross misconduct can be without notice or notice pay.
What happens to my unused holiday when I am dismissed?
Accrued statutory holiday that has not been taken by the termination date will normally need to be paid when employment ends, subject to your circumstances and holiday entitlement.
What Should My Employer Tell Me?
After a dismissal decision, you should understand:
• the reason you are being dismissed
• when your employment will end
• whether you will work your notice or receive notice pay
• what final payments will be due; and
• whether and how you can appeal the decision.
In some circumstances employees have a legal right to receive or request written reasons for dismissal.
If the reason for dismissal has not been made clear, ask your employer to confirm it in writing and check current Acas or GOV.UK guidance if you are unsure about your rights to written reasons.
Will I Receive Notice or Notice Pay?
Most employees who are dismissed will be entitled to notice under their contract or the statutory minimum notice rules, depending on which applies.
You might continue working during your notice period, or in some circumstances receive payment instead of working your notice.
Dismissal for gross misconduct can be without notice or notice pay. However, dismissal without notice for alleged gross misconduct does not mean an employer can automatically ignore an appropriate investigation or disciplinary process, and it does not usually remove entitlement to wages already earned or accrued holiday pay.
What Should I Check in My Final Pay?
Your final payment can contain several different amounts and should be checked carefully.
Depending on your circumstances, these might include:
• salary owed up to the termination date
• notice pay where applicable
• payment for accrued but untaken holiday
• outstanding expenses
• bonuses, overtime or other contractual sums where applicable; and
• redundancy pay where your employment is ending because of redundancy.
Check the breakdown you receive and ask your employer or payroll team about anything you do not understand. For detailed redundancy-pay guidance, see the WorkAnswers page “Am I Entitled to Redundancy Pay?”
Important: WorkAnswers provides general workplace information and guidance. It is not a substitute for legal advice about your specific situation.
What If I Think the Dismissal Was Unfair?
A dismissal is not automatically unfair simply because you disagree with the decision.
You may want to look more closely at what happened if you are concerned about:
• the reason given for dismissal
• whether your employer investigated the issue appropriately
• whether a relevant procedure was followed
• whether you had a reasonable opportunity to respond
• whether similar situations have been treated consistently
• whether discrimination may have been involved; or
• whether another protected employment right may be relevant.
Both the reason for dismissal and how your employer handled the circumstances can be important. If you disagree with the dismissal, check your employer's appeal process and any appeal deadline promptly. See the WorkAnswers page “How do I appeal a decision at work?” for more on how appeals usually work. If you think your dismissal may have breached your employment rights, do not assume that an internal appeal pauses any legal time limit. Employment tribunal time limits can be short, so consider checking current Acas guidance promptly.
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