Your Rights When Leaving Your Job
Whether you resign, are dismissed, or are made redundant, the law provides important protections to ensure the process is handled fairly.
Notice Periods
When your employment ends, both you and your employer must normally give notice.
Statutory Notice: The legal minimum notice you must be given is:
One week if you have been employed between one month and two years.
One week for each full year of service if you have been employed for two years or more (up to a maximum of 12 weeks).
Contractual Notice: Your contract may state a longer notice period than the statutory minimum. If so, this is the notice you must be given.
Unfair Dismissal
After you have two years of continuous service, you are protected from being unfairly dismissed.
Fair Reason: To dismiss you fairly, your employer must have a valid reason. The five potentially fair reasons are related to your conduct, capability, redundancy, a statutory restriction (e.g., a driver losing their license), or "Some Other Substantial Reason" (SOSR).
Fair Process: Your employer must also follow a fair and reasonable procedure before dismissing you. This usually involves investigating the issue, informing you of the problem, holding a meeting with you, and giving you the right to appeal.
Redundancy
A redundancy is a form of dismissal that happens when a business needs to reduce its workforce.
Fair Redundancy: A redundancy must be genuine. This means the job itself is no longer needed. Your employer must follow a fair process, which includes consulting with you, establishing a fair selection pool, and considering any alternatives to redundancy.
Redundancy Pay: If you have over two years of service, you are entitled to a statutory redundancy payment.
Think you've been dismissed unfairly? [The Employment Tribunal Preparation Toolkit]
Have you been offered a settlement? [Our Guide to Negotiating Exit Agreements]