Knowing your rights at work
Understanding your rights at work is crucial. If you feel that your rights were violated during your termination by your employer, you might be able to file a lawsuit. The rights you have depend on your status and your contract. Being aware of your rights might be beneficial. You’ll learn if you can make a claim for unjust dismissal in the employment tribunal when your employer or the business you are working with brings your contract to an end.
There are three main types of employment status:
- employee
- worker
- self-employed
Usually, your contract will specify your status. Nevertheless, regardless of what your contract states, you can have worker or even employee status if the language does not accurately reflect what you actually accomplish in practice.
You can check your employment status on GOV.UK.
There are no formal employment rights for independent contractors. Employees are entitled to certain employment rights. But they are unable to file a claim for wrongful termination. In the event that the company you work for or are self-employed and wishes to terminate your employment agreement, they must provide you notice. Your contract should specify how long they have to give notice and what actions they must take.
Prior to bringing an unfair dismissal claim before the Employment Tribunal, employees are often required to have worked for the company for two years.
Have I been unfairly dismissed?
If your employer has a good reason to fire you after two years of employment or longer, they have the right to do so. They have to adhere to a just process. You might be able to file a claim for unfair dismissal against your employer if they fire you without cause or if they don't obey the law.
There is more information on the potentially fair reasons for dismissal and the processes your employer should follow on GOV.UK and ACAS.org.uk.
You should always be given a detailed explanation by your employer for any dismissal. In any procedure that results in your dismissal, you ought to have the opportunity to present your case and file an appeal. It is "automatically unfair" that you were fired if you were fired for:
- making a flexible working request
- being pregnant or being on maternity leave
- asking for your legal rights at work (breaks, minimum wage)
- raising a health and safety issue
- taking part in trade union activities
- whistleblowing.
If you were let go for any of these reasons, you can still file a claim even if you haven't been employed for more than two years.
If you believe you were fired for any of the following reasons, you may also have a discrimination claim:
- you are pregnant or on maternity leave
- of your race (which includes your nationality, ethnicity or national origin)
- you are married or in a civil partnership
- of your sex
- of gender reassignment
- you have a disability
- of your sexual orientation
- of your religion or belief
- you are older or younger than the people you work with.