Surviving the sack

Being sacked - also known as dismissal - by your employer may seem like a worst-case scenario, but there are positive ways to deal with the situation.

What is dismissal?

Dismissal is when your employment is terminated immediately. It can be straightforward, with your contract ending because of breaches you've made, such as continually missing work, poor discipline, theft or dishonesty. But there are other ways that you can be dismissed, such as constructive dismissal. This is when your employer breaches your employment contract so badly that you're forced to leave. Or it may simply be a case of your fixed-term contract not being renewed.

Is my employer allowed to dismiss me without hearing my side of the story?

If your employer dismisses you without making any investigation into the reasons, the circumstances are nearly always considered unfair in the eyes of the law. This is known as unfair dismissal.

What kind of payment am I entitled to?

If you've been dismissed because of your conduct, you're not entitled to any payment from your employer, and you may find it difficult to get Jobseeker's Allowance (JSA).

If your JSA advisor thinks there may have been misconduct, your former employer will be asked for their version of what happened. You should have a chance to respond to the allegations. Contact your council's welfare rights office or a Citizens Advice Bureau. If it's decided that you lost your employment because of your own actions, you may lose your entitlement to JSA for up to 26 weeks.

How can I support myself while I look for a new job?

If your JSA is stopped, you may be able to get a JSA hardship payment. To do so you must be in a vulnerable group, e.g. have children in your household or a health problem. If this doesn't apply you'll need to wait two weeks before receiving a hardship payment.

What happens if you're dismissed for an alcohol-related incident?

This is one of the more common causes for straight dismissal. If you have drug or alcohol problems, your employer may offer help, so try to talk to them before it comes to being dismissed. This might involve being given time off to attend counselling during working hours or a period of leave so you can get treatment. If it's too late and you've been dismissed, approach your doctor (GP) for information on how to deal with the issue. They can refer you to a specialist counsellor or to group therapy.

I've realised that my employer was right to sack me. What should I do?

The most positive approach is to look at why you were dismissed and address those issues in your life.

• If it was for poor work, think about how you could improve. Are there obstacles that you can overcome, would you benefit from extra training, or are you in the wrong career?
• If you were dismissed for continually missing work, identify any personal issues which were causing this to happen. Try to access more support to help you in your next job, or find work which fits better around your personal life.
• If you were dismissed for stealing or being dishonest, ask yourself why you did it and address the personal issues which are causing you to behave like this.

Can I take anything positive from being sacked?

It may be that you were dismissed from an unhappy workplace, or from a workplace in which you were personally unhappy. The first thing you can take from dismissal is that this situation has now ended and you have time to reassess yourself and your career/job path. Use this as an opportunity to move on in a constructive way.

By Ruth Hedges

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