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Can my Employer Fire Me?

By: Abigail Taylor - Updated: 17 Jun 2018 | comments*Discuss
 
Misconduct Gross Misconduct Dismissal

If your employer threatens to fire you, it can be a very worrying time. Often this is can be just a threat with no legal basis. However there are situations in which you can be immediately dismissed (for gross misconduct). Below we will consider the situations in which you can or cannot be dismissed.

Working Time Directive Rights

The Working Time Directive gives workers a number of rights. These include:
  • Working a maximum of 8 hours out of every 24 hours for night workers
  • Having 1 day off in every 7 days
  • Having 11 hours off in every 24 hours
  • Having a short in-work break every 6 hours
  • Having 4 weeks paid leave every year

(Note that these are an average, taken across a period of time.)

"I said to my manager that I wanted to take a break after 8 hours of working. He told me that if I do, I might as well go home and not come back. Can he do that?"

Any worker over 18 years old may opt out of the Working Time Directive. However if you do not choose to do so, you cannot legally be fired for your refusal. Equally, if have opted out and choose to opt back in, you are entitled to do so (giving notice to your employer). Your decision to opt back into the Working Time Directive is also not a reason to lawfully fire you.

Changes to working hours

"When I arrived at work last week, my boss told me that he needed me to stay 4 hours later. I said that I couldn't due to child care issues. He shouted that I was fired and walked off. I've not heard from him since. Can I be fired like that?"

If your employment contract does not give you fixed days and hours, your employer can request that you work at different times, and even change a previous rota. You however, have to be given reasonable notice of the change. If you are not given reasonable notice (which will vary on the nature of the change but is usually a minimum of 24 hours), you can refuse to change your working hours. This is not a reason to legally fire you.

Note that if you have reasonable notice of the change, and the new hours comply with your employment contract, you cannot refuse to work when asked. If you have worked for your employer for over 26 weeks and are the full time carer of a child under 17 years old or a dependent adult, you can ask for flexible working (for example to not work weekday evenings). Your employer does not have to agree to this. If they do not agree and you still refuse to work the hours or days required, this will likely be a disciplinary issue. It is unlikely that this is such gross misconduct that you will be fired immediately, but a number of disciplinary issues could lawfully lead to you losing your job.

Zero hour contracts

If your employer stops giving you any working hours (and so you do not receive any income), it may feel like they have fired you. However if you have a zero hours contract, they are not obliged to give you any hours. You have therefore not technically been fired, as you are still in their employment, but working zero hours.

If this arrangement does not work for you (for example if you need the income and so do need a certain number of hours), speak to your employer. Do they think they will realistically be able to give you the hours that you need? If not, you may wish to consider seeking employment elsewhere.

Probation period

"I was hired in a company with 3 months probation but after six weeks... they told me that I don't fit the job. Is it fair?"

Your employer can legally "let you go" without giving a reason at any time during your probation period (as long as this is not for a discriminatory reason). They do however still need to give you the required notice period (usually one week). Our article on probationary periods gives further information about this

Redundancy

If your employer suddenly has a drop in income or need for staff, and so cannot pay or does not need as many employees, they may consider redundancies. (More information on redundancies here).

"I am contracted to work 36 hours a week. My company has no clients in so work has ceased. Should by law they still have to pay me?"

There is a formal redundancy process that must be followed, including consultation with the person whose job is at risk; your employer can't legally just stop paying you or tell you not to come into work anymore.

Gross misconduct

Gross misconduct is conduct so serious that it warrants immediate dismissal.

What is gross misconduct really depends upon the job. For example two employers could require their employees to sweep up litter on an outside area of the premises and ban employees from smoking during this task. However the seriousness of the breach would be different for someone working at a hotel, where smoking might just look unprofessional, compared to at a petrol station where smoking is dangerous.

Even if you commit gross misconduct, you cannot be fired on the spot; there is a process that must be followed.

  1. Your employer can suspend you whilst they investigate the alleged incident. You will however still be paid whilst suspended
  2. There will be a meeting at which you will be given an opportunity to put forward your case. You must be given reasonable notice of the meeting to allow you to consider the points you wish to make.
  3. After this meeting, your employer must give you reasons in writing for your dismissal
  4. You have the right to appeal the decision. If you appeal, your employer must invite you to another meeting. You must again be given advance notice of this meeting and will be given the opportunity to be accompanied by a friend, union representative or colleague (depending upon your employer's procedure for disciplinary meetings)
  5. Following an appeal meeting, your employer must promptly inform you of their final decision in writing

There is therefore no lawful way to just fire someone "on the spot".

If you want to find out more about specific issues try typing your query into the search box above to find the relevant feature. You can also post any comments you have below.

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[Add a Comment]
Hi I work on a zero hours contract doing between 22 & 18hrs a week, I've recently asked for reduced hrs due to suffering with osteoarthritis. I've worked for the company over a year now.
Sandy - 17-Jun-18 @ 6:25 PM
Victoria- Your Question:
Hi,I'm working as a barber. Worked there for 8 years Recently reduced my working days(from 4 to 2),have no contract. Have another job in the same area. My boss wants to fire me because I work some were else. Can she do it? What are my rights?Thank you Victoria

Our Response:
You need to ask for a copy of your contract. You should have been given a written statement of particulars (years ago) if not an official contract and this should give details of whether you can work elsewhere. If it's not in your contract and your employer has never told you that you can't work in an additional job, it could be difficult for them to fire you.
SafeWorkers - 13-Jun-18 @ 2:26 PM
I have a work friend he is 16 years old he had a operation on his thumb so he was off work for around 4 weeks he is on zero hours contract no they won't take him back can they do this or is it unfair dismissal thanks sue
Susie - 11-Jun-18 @ 11:03 PM
Hi, I'm working as a barber. Worked there for 8 years Recently reduced my working days(from 4 to 2),have no contract. Have another job in the same area. My boss wants to fire me because I work some were else. Can she do it? What are my rights? Thank you Victoria
Victoria - 9-Jun-18 @ 7:07 PM
Can a GM of the company ask you to put in your to weeks at a current job and then not sure you?
Char - 6-Jun-18 @ 2:05 AM
Ang - Your Question:
Hi I work for 20 hours A week and I have a untreatable condition. Work want a meeting as I may not be able to work full time in the future what do I do? Can work fire me?

Our Response:
This depends on the nature of your condition? Does it fall under those conditions protected by the Equality Act? If so, your employer may be guilty of discrimination. If your contract is for 20 hours per week, then your employer cannot make you work full time without your consent. Your employer may be requesting a meeting in order to help plan work scheudules around your condition etc.
SafeWorkers - 4-Jun-18 @ 12:40 PM
Hi I work for 20 hours A week and I have a untreatable condition. Work want a meeting as I may not be able to work full time in the future what do I do? Can work fire me?
Ang - 3-Jun-18 @ 3:25 PM
So I had an induction at work from 7 am till 8 am then got told to start my shift straight away, bare in mind I am 16 years old and they photo copied both my NI number and Passport which does show that I am 16 years old. I got called into the office and fired straight away for not being 18 as It was a warehouse job. Can they do that and fire me on my first day for my age? Full well knowing that I am 16. I worked for about 4 hour in total that day.
Kris - 2-Jun-18 @ 5:26 PM
Hi I have worriking for the company for over 20 years just made a mistake at work and I was called into the office then next day I was sad and thinking about my mistake and it happened again the metal over spilled again now I been suspended till monday and not sure what will happen now never happened before can I be sacked for that fault
Dave - 1-Jun-18 @ 1:05 PM
Dave - Your Question:
Hi, I recently got fired as of this morning and I believe it to be unfair dismissal. I started on the 17th May and it has been 2 weeks to the day. I was called into the office upon starting my shift and got told I was not being kept on. I’m unsure if this is fair due to still being in the probation period (which was 3 months). The reason I was let go is because of my back and hip problems, I’m 22 and have been to the doctor’s and hospital to try and get my problems sorted but they did not want to continue as treatment had a high risk of causing permenant damage. My job was factory work which involves machinery and packing but I was occasionally asked to work in the warehouse unloading containers. I could manage putting the contents of the containers onto pallets but when I was in the container itself, I found that I could not reach for the contents below waist height as it caused my back to seize up and cause me severe pain. This was the only aspect of my job that I could not manage. Any help would be greatly appreciated, thankyou.

Our Response:
You can only claim unfair dismissal if you have worked for your employer for two years or more. If your employer knows you are unable to do all aspects of your job at this stage it's probably reasonable that they can dismiss you unless you are being asked to do something wildly different from your job description.
SafeWorkers - 1-Jun-18 @ 12:59 PM
Hi, I recently got fired as of this morning and I believe it to be unfair dismissal. I started on the 17th May and it has been 2 weeks to the day. I was called into the office upon starting my shift and got told I was not being kept on. I’m unsure if this is fair due to still being in the probation period (which was 3 months). The reason I was let go is because of my back and hip problems, I’m 22 and have been to the doctor’s and hospital to try and get my problems sorted but they did not want to continue as treatment had a high risk of causing permenant damage. My job was factory work which involves machinery and packing but I was occasionally asked to work in the warehouse unloading containers. I could manage putting the contents of the containers onto pallets but when I was in the container itself, I found that I could not reach for the contents below waist height as it caused my back to seize up and cause me severe pain. This was the only aspect of my job that I could not manage. Any help would be greatly appreciated, thankyou.
Dave - 31-May-18 @ 8:58 AM
if someone was doing a job without the relative training that should be given and made a mistake should they be liable for that mistake pls
STEPHEN D RIDLER - 29-May-18 @ 4:51 PM
SARAH J SCHOFFSTALL - Your Question:
I am in high end retail and am given the most closing shifts while my superiors have opening shifts and every sunday off. I have no work life balance due to closing - I get out most days 11pm and work a majority of weekends. If I say I want to go to college and wont be able to close as many day ( I close 3 out of 5 workdays)can my manager still schedule me

Our Response:
This depends on your contract. If you feel you are being discriminated against for some reason, you may be able to ask/force your employer to alternate shifts so that all employees are given equal closing shifts etc. Talk to ACAS for advice.
SafeWorkers - 29-May-18 @ 3:27 PM
I am in high end retail and am given the most closing shifts while my superiors have opening shifts and every sunday off. I have no work life balance due to closing - i get out most days 11pm and work a majority of weekends. If i say i want to go to college and wont be able to close as many day ( i close 3 out of 5 workdays)can my manager still schedule me
SARAH J SCHOFFSTALL - 29-May-18 @ 2:54 AM
I recently lost my job I was not given a contract and was told that I would get one after 3 months probation and they’re happy with me. The week before I was given one shift they told me they would put me on full time hours so I was curious and the supervisor said they will be making layoffs within the next week, meaning they won’t be on the next rota, I was called in twice during the week I was given one shift and they trained me on how to cash up tills all good signs right ? Only the next week the supervisor sent me home in the middle of my shift with no explanation then I had the manager moaning at me on the phone saying it’s his day off and he has deal with this and it seems to be only me that has problems with the supervisor and he’s known her for 10 years i was unaware that the supervisor had a problem with me the next day I was due to come in but was told not to bother and to relax because I was unwell then the next day I was called for them to tell me it’s not working out and they feel I need a more supervisor role and they don’t have that For me. Is this a genuine reason to let someone go ? They didn’t give me notice or anything of the sort and now I’m about to lose my property and end up homeless.
Shade - 24-May-18 @ 5:47 PM
Jay - Your Question:
Hi, I work in a restaurant as a waiter/bartender and we have been dealing with a very inexperienced area manager who constantly seems to be tittering on the lines of illegal behavior. Today he seems to have crossed the line, by firing one of my coworkers after they had clocked off to finish their shift without his knowledge. His reasoning was that he had told everyone to clean the floor and since my coworker clocked out and left, he was fired on the spot.However, there was no prior notification of the floor cleaning or any conversation asking my coworker to stay overtime to finish cleaning.Would this be on grounds for an immediate dismissal?P.S. We are all under a fixed 44 hour/ 5 day a week contract.

Our Response:
It sounds unreasonable to us. You and your colleagues should make a complaint to your employer if you feel the area manager is not acting reasonably. It sounds as though he has not had enough training and is perhaps acting irrationally due to stress.
SafeWorkers - 23-May-18 @ 10:06 AM
I found a greatjob...lots of customers, great hours...but it has a fast paste ...multy tasking and its needs personality and strong work ethics.THE ONLY PROBLEM IS THE GIRL I AM WORKING WITH (she has only been there 9 months...two girls later)I THINK I AM THE THIRD GIRL ...She said the 19 year old girl she had before was better than me.I was hired as a PREP BREAKFAST COOK...set and replenish a FULL HOT AND COLD BUFFET...8 tables and 24 chairs...and it is busy.I am hopping.The only problem that this girl has with me...she says I don't listen and with her 15 years experience with Tim Horton's and Wendy she knows more than me...I came with this Company with several years as a sous chef and head chef at a lodge.I know how to bake, cook and serve a busy environment.This young lady has threatened me that I was on probation and I could get fired...She claims that I am not helping her by not stocking the required foods for her shift...AND I AM ...SHEHAS ON SEVERAL OCCASION THAT IF I KEEP CLEANING THIS DINING ROOM SHE WOULD LOSE HER JOB...THIS GIRL HATES TO WASH AND CLEAN the areas that demands attention..I have never seen her wash her hands or wear gloves when she handles foods.She said I don't need to wash the doors of the appliances everynight...or wash the floor...you do this when it's quiet...AND THAT WON'T BE SOON...we are so busy...so it takes me an hour to clean a really messy counter...buffet counter...all the trays have to be wiped...I remove all tools and cover I wash all apples...I don't take a break...but I do sit down for a few minutes and refill and sort out the ketchup trays, cheese and butter trays...wash the handle on the milk jug and the food displays...I want every thing to be clean and pleasing...I am quick and precise...I sweep under all the tables, clean the chairs, and wash the floors...empty all the garbage and take them to the dumpsters...I make sure the toasters are free from bread crumbs..we had a fire and IT WON'T HAPPEN AGAIN...NOT WHILE IT IS MY SHIFT...I use three sinks, and use hot water...and I empty the sinks regularly...that really bothers this girl...I change the tools too often...but the eggs dry on the serving tools and I change the standing plates...all this stuff bothers her.I have had talk with the Manager who hired me...and he smiles and says I am doing a great job...Can I get fired if she keeps bullying me.Idon't smoke...I am extremely neat and tidy...short and styled hair.I wear a light make-up and lipstick everyday...I iron all my scrubs and nursing shoes...I am in my sixties soon...and I have been in the restaurant business, retail, I have been a Manager and I recently retired from my own business...I thought I could handle this situation on my own...I DO NOT WANT TO BE FIRED.NOT FOR BEING CLEAN AND INCONSIDERATE TO SOMEONE I WORK WITH... I have never been rude.With all the education and employment that I carefully chose to do...this was was too good...Such a cute dinin
MICKIE - 22-May-18 @ 5:35 AM
DJ - Your Question:
Hi, I recently found out my trainee is on more money than me. I have been with the company for almost a year and he has been there 6 weeks.I confronted my manager and asked why, we do the same job and I am actually training him, we need to be paid equally, regardless of the fact he is male and I am female. My manager and another colleague just looked at me and laughed. I obviously lost my temper and had a go at them as it's not right and downright unprofessional, next thing I know, I'm sacked and escorted off site.I'm aware of the 2 year 'rule', but surely I have been unfairly dismissed and discriminated against as a female asking for equal pay??The company has no policy, no warning, discussion, letters, nothing, they're a disgusting excuse for a company and treat women like crap. I know I'm better off out of it but don't want to let this go cos they'll just keep doing it.

Our Response:
If you were doing an identical job to your male colleague, there may be a case for discrimination. You should contact ACAS and ask them if they consider it worth taking further.
SafeWorkers - 21-May-18 @ 10:44 AM
Hi, I recently found out my trainee is on more money than me.I have been with the company for almost a year and he has been there 6 weeks. I confronted my manager and asked why, we do the same job and I am actually training him, we need to be paid equally, regardless of the fact he is male and I am female.My manager and another colleague just looked at me and laughed.I obviously lost my temper and had a go at them as it's not right and downright unprofessional, next thing I know, I'm sacked and escorted off site. I'm aware of the 2 year 'rule', but surely I have been unfairly dismissed and discriminated against as a female asking for equal pay?? The company has no policy, no warning, discussion, letters, nothing, they're a disgusting excuse for a company and treat women like crap.I know I'm better off out of it but don't want to let this go cos they'll just keep doing it.
DJ - 18-May-18 @ 8:05 PM
I work at our local school and have asked for holiday unpaid in October which has been declined but two other people in the same department have had there holiday approved one for three weeks I want to visit family in the USA but have been told that procedures say no and the others have had it because they checked there medical records.I am 73 i could have gone sick and not said anything but I am to truthful for that but if I did I would get the sack so as it's all booked i will have to retire.
Cathy - 17-May-18 @ 10:56 PM
Hi, I work in a restaurant as a waiter/bartender and we have been dealing with a very inexperienced area manager who constantly seems to be tittering on the lines of illegal behavior. Today he seems to have crossed the line, by firing one of my coworkers after they had clocked off to finish their shift without his knowledge. His reasoning was that he had told everyone to clean the floor and since my coworker clocked out and left, he was fired on the spot. However, there was no prior notification of the floor cleaning or any conversation asking my coworker to stay overtime to finish cleaning. Would this be on grounds for an immediate dismissal? P.S. We are all under a fixed 44 hour/ 5 day a week contract.
Jay - 16-May-18 @ 10:03 PM
BlueJumper - Your Question:
I work in a shop where every time we serve a customer we have to ask them if they have a rewards card, and if they say no we have to give them this "persuasive" script which tells them why the card is so amazing. There are exceptions, you know, if you KNOW you've done it with a customer ten times already, you don't have to beat them silly with it, but there is no way you can remember who you've said it to, cos you serve like a thousand customers a week. At least. Anyway, some customers are sick of being asked every time, and they are quite nasty about it. I would like to know if I have the right as an employee to put my foot down and say that I don't want to do the speech any more. I get verbal abuse from customers as a result of it. Where do I stand? If I say no, can they fire me? Don't I have a choice to avoid verbal abuse? If I worked in an office I would have the right not to be abused verbally by my colleagues, so surely I should have the right to avoid abuse from customers in this way?

Our Response:
If your employer's policy is that you ask customers if they would like a reward card/persuade them to have one, then that's what you should do.
SafeWorkers - 15-May-18 @ 3:15 PM
I work in a shop where every time we serve a customer we have to ask them if they have a rewards card, and if they say no we have to give them this "persuasive" script which tells them why the card is so amazing. There are exceptions, you know, if you KNOW you've done it with a customer ten times already, you don't have to beat them silly with it, but there is no way you can remember who you've said it to, cos you serve like a thousand customers a week. At least. Anyway, some customers are sick of being asked every time, and they are quite nasty about it. I would like to know if I have the right as an employee to put my foot down and say that I don't want to do the speech any more. I get verbal abuse from customers as a result of it. Where do I stand? If I say no, can they fire me? Don't I have a choice to avoid verbal abuse? If I worked in an office I would have the right not to be abused verbally by my colleagues, so surely I should have the right to avoid abuse from customers in this way?
BlueJumper - 11-May-18 @ 10:12 PM
I’ve worked for 5 yrs as health care assistant. I refused to work with a colleague,my manager told me either work with this person or go home. I left my shift that day and now my manager is going to disaplineor sack me for neglect . Can they do this.
Corra - 3-May-18 @ 10:06 PM
Bethany- Your Question:
Hi. My husband and I work for the same company, in different roles. My husband is he only person on a work site that can hold a permit for the company but this is the companies own fault due to our boss trying to cost cut. If my husband needs to take a sick day (recently he was up all night vomiting and should have had the following day off) he is told because he is the only person on site that can hold a permit he HAS to go in to work, even if he just sits there and does nothing. Sometimes this isn't possible (if he had food poisioning for example he would need to be at home for highly personal reasons as you can imagine). The company pay our rent for us due to the fact we relocated to a different country for them. Our boss claims the company would lose thousands of pounds if my husbands takes a sick day, but as far as I'm concerned that's his own fault. He hasn't taken into account my husbands health or his rights as he has a lot of pressure to always be at work no matter what. Can my husband have his pay docked if he takes a sick day, or worse still can they penalise me if I put my foot down and be the one to say my husband is not going to work? Is it even legal to set my husband up so he is almost blackmailed into never taking sick leave?

Our Response:
What countryis your husband working in?
SafeWorkers - 1-May-18 @ 10:24 AM
Hi. My husband and I work for the same company, in different roles. My husband is he only person on a work site that can hold a permit for the company but this is the companies own fault due to our boss trying to cost cut. If my husband needs to take a sick day (recently he was up all night vomiting and should have had the following day off) he is told because he is the only person on site that can hold a permit he HAS to go in to work, even if he just sits there and does nothing. Sometimes this isn't possible (if he had food poisioning for example he would need to be at home for highly personal reasons as you can imagine). The company pay our rent for us due to the fact we relocated to a different country for them. Our boss claims the company would lose thousands of pounds if my husbands takes a sick day, but as far as I'm concerned that's his own fault. He hasn't taken into account my husbands health or his rights as he has a lot of pressure to always be at work no matter what. Can my husband have his pay docked if he takes a sick day, or worse still can they penalise me if I put my foot down and be the one to say my husband is not going to work? Is it even legal to set my husband up so he is almost blackmailed into never taking sick leave?
Bethany - 30-Apr-18 @ 1:29 AM
I recently joined this company and they are pushing me to work more than 8 hours with no break 6 days a week night shift. And find out this is because they have illegal workers that don't ever complain cause of their situation. I've complained to my manager he just told me that if I'm not happy the door is open I could walk out. What's your advice on a situation like this?
Danking - 26-Apr-18 @ 6:30 PM
I was on my way to work as I turned in to the drive to the factory i hit an other work coming down the drive on his bike we where both out of hours ie not clocked in and it was dark lighting poor I give him my details as you would when you have a accident and he said he was ok did not want a ambulance. I did not report to my work as I thought it was out of work now they are trying to dismiss me for failure to report to them can they do this can I do them for unfair dismissal
Cal - 22-Apr-18 @ 11:18 PM
Hi, I was recently sacked on the spot at USC because I wasn't approaching customers. I've been part of the company for 9 months, Can they do this without a verbal/written warning first? My manger told me that they don't have to because I'm on a 0 hour contract, is this correct?
Stuwiee - 21-Apr-18 @ 5:39 PM
Hi I work in a big retail company for 11 years. When I started working in that company I was a full time employee, 7 years later developed plantas fasciitis, and become a part time to work between 12 to 20 hours a week. After a little while brought a Dr’s note “ problem has worsened” for them to approve and accommodation to work 4 hours a day, and they started scheduling me just 3 days a week for 2 years. Now, all the sudden they are given me 6 hours a day, 2 or 3 days a week.... Does the Dr’s note should be enough for them to stop doing that? The pain when I work 6 hours straight is really bad. Thank you, Awaiting your replay.
sus - 20-Apr-18 @ 11:20 PM
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