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Dismissal:
what rights you have

· in category Practical law

An employee packing up their desk

Being dismissed is stressful, but it doesn't mean you have no rights. The law protects you, and an unlawful decision can be annulled in court.

A dismissal must be justified

An employer can't dismiss you just any way. The decision must have a ground provided by law, be in writing and observe the notice period. Without these, it can be struck down as void.

You have 45 days

A dismissal decision can be challenged in court within 45 days of being served. It's a short term, so don't delay consulting a lawyer if you feel wronged.

An unlawful dismissal that is annulled means reinstatement and payment of the lost wages.

What you can obtain

If the court finds the dismissal unlawful, you can be reinstated in your role and compensated with the wages you were denied. We give you a realistic view of your chances, once we've seen the decision.

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