Hackney CAB sees increased demand for advice about job losses

Hackney Citizens Advice Bureau has seen a noticeable year-on-year increase in employment problems since the financial crisis hit. Overall since 2007/8 the number has increased by 74%. Issues about peoples pay and other entitlements remain high, but the big increase has been in relation to dismissals and redundancy.

If you are an employee and find yourself affected, there are processes that your employer needs to follow, end of work entitlements that may be due, and action you can take if they do not.

Have you been fairly dismissed?

A dismissal may not be fair if you have worked in the job for one year and you may be entitled to take action against it. Dismissal or even a warning may not be proportionate to the offence, or incidents may not be properly investigated or evidence produced. This can often happen when the real cause for dismissal is different from the reason that is given.

There are other occasions where, even if you have not worked for your employer for one year, you can challenge dismissals. For example, if you think you were dismissed due to pregnancy or trying to uphold a statutory right (e.g. the minimum wage or holiday entitlement).

Has a correct redundancy process been followed?

Just because you are told that you have been made redundant does not mean that you have. Employers can only make people redundant in specific conditions, and they must follow a fair selection process which meets certain requirements. If this has not been done you may be able to claim unfair dismissal.

Have you been discriminated against?

You can take action if you feel you have been treated differently due to your age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation. If this has led to you losing your job, then the dismissal will be unfair even if you have worked for your employer for less than one year. Discrimination could be experienced directly, or where you feel you are disadvantaged indirectly, in not being able to take advantage of opportunities open to others.

Have you received the correct payments on the job ending?

If you are made redundant and have worked for an employer for over two years you are entitled to redundancy pay. For most dismissals you are also entitled to other payments. (E.g. for a notice period or for holiday not taken)

What should I do?

Keep a record of all communication with your employer and any evidence that may support your case, follow internal workplace grievance and disciplinary procedures as far as you can. Appeal decisions with which you disagree and bear in mind that you have only three months starting from the dismissal to apply to an Employment Tribunal.

More information iss available from the CAB’s online advice guide. If you need more advice, contact:

Hackney CAB
236 – 238 Mare Street
E8 1HE
Tel: 020 8525 6350