EMPLOYMENT MYTHS 12.10.2014
I don’t have an employment contract, therefore my employer can dismiss me and I don’t have any employment rights.
This is a myth, if an employee is turning up to work and being paid then there is an employment contract, albeit that the terms of the contract are not recorded in writing. In addition to this, the law implies certain minimum standards into employment situations, for example notice periods and the right not to be unfairly dismissed or discriminated against.
If I am working on a fixed term contract, my employer can dismiss me at the end of the term without following a procedure.
In employment law the end of a fixed term contract will be deemed to be a dismissal. Therefore even when a fixed term contract comes to an end, a fair procedure should be followed to avoid unfair dismissal claims.
My employer can dismiss me without any notice during my probationary period.
All employees are entitled to a minimum of a week’s notice after one month’s employment. This means that even if an employer exercises the right to dismiss during the notice period, after a month of employment the employee is still entitled to be paid for or work a week’s notice.
We are a charity, so employment law does not apply to us.
This is not correct. Whilst a Tribunal will consider the resources and size of an employer when considering the employer’s reasonableness in a claim for unfair dismissal, it is not the case that charities will be let off the hook or held to a lower standard. Employment law applies to all employers, regardless of their status.