Quick question

[martin1974]

I am employed by a small company, so small that I am the only employee. In the 3 years that I have worked for this employer I have been doing the work for a second one of his companies in addition to that of the one that I am contracted with.

In the last year however I have become completely disillusioned by the job and to make matters worse it is apparent that one of the people who were employed to be my assistant is quite clearly after my job, not for the responsibility, just for the money.

I have been approaching recruitment agencies to try and find new employment and was wondering whether my employer could dismiss me for this reason.

I have never had a warning, verbal or otherwise, and have no reason to make my employer dismiss me on the spot, to the point where I would openly challenge any call of gross misconduct (which is his normal get out of jail free card).

Any thoughts would be appreciated.

 

[Principal HR Solutions]

Hi Martin

Employment Law states that dismissal must be for a 'fair' reason having followed a 'fair' procedure. 'Fair' reasons being:

- lack of ability to perform the job (capability)
- ill health that prevents you from being able to work
- retirement
- redundancy
- a statutory restriction i.e. losing eligibility to work in the UK and when it is a requirement.
- Any other substantial reason

If your employer wants to site gross misconduct then we really are talking about conduct that falls into categories like this:

- theft
- dishonesty that grossly frustrates/breaches the employment contract
- violence

Looking for another job is a choice that every individual has a right to make and is not a 'fair' reason to dismiss you on the spot. You of course have a duty to provide your employer with the notice that is stipulated in your contract of employment, or at the bare minimum, the statutory notice would apply.

With your length of service (3yrs) such an action on your employer's part would mean you are being unfairly dismissed. They may also be putting you in a position where you can claim wrongful dismissal as your employer is also entitled to give you notice, and an on the spot dismissal means the employment contract has been breached.

Kind regards

Chipo Rapson
Managing Director & Employment Specialist
Principal HR Solutions Ltd