Losing your job can be difficult and emotional, often with consequences for you and your family. We are employment attorneys and lawyers in the Turks and Caicos here to make sure that you are treated fairly and receive just compensation as we have done for scores of dismissed employees.
Employers can only dismiss an employee (where a work contract is ended by the employer, rather than the employee) if they have a fair reason to do so.
There are five main reasons for dismissal:
- Conduct – if you have broken the terms of your employment, for example continually missing work, poor discipline or theft from your employer
- Capability – if you cannot do your job properly, for example you can’t keep up with changes to technology or you don’t work well with members of your team
- Redundancy – when there is not enough work for you to do at the company
- Continuing to employ you would break the law – for example if you are a driver and you lose your driving licence or you don’t have the right to work in the Turks and Caicos
- Some other substantial reason (SORS) – this applies if your employer has an overwhelming reason to dismiss you, such as imprisonment or if it isn’t possible to employ you due to financial, technical or organisational reasons
Unfair dismissal is when an employer does not have a fair reason to end your contract. It can also be claimed if your employer did have a fair reason, but your dismissal was not managed according to correct procedures, such as company policies and ACAS (Advisory, Conciliation and Arbitration Service) guidance.
Generally, you need to have been in the same job for two years (from 6 April 2012) for an unfair dismissal claim. Although some dismissals do not require a qualifying period, such as whistleblowing or discrimination cases. Also, if you are treated badly by your employer, you may be able to resign and claim constructive dismissal – but you must get legal advice before doing so.
If you are concerned you might have been unfairly dismissed, or have grounds for constructive dismissal, please get in touch with our unfair dismissal solicitors to discuss your options. Our expert team is here to help you decide the best course of action and support you every step of the way.
Being made redundant, whilst not your fault, can still be very hard to come to terms with. There are three main reasons that you could be made redundant:
- A business, or part of the business has closed
- The location of the business has changed
- The need for a particular type of work has reduced, so fewer staff are needed
Employers must follow strict redundancy laws and procedures when making people redundant, otherwise the dismissal will be unfair. This includes:
- Making sure the rules for deciding who is at risk of redundancy are in line with one of the three main reasons for redundancy, for example the business has moved from Grand Turk to Providenciales
- Making sure the rules are applied fairly to everyone at risk, for example whether an employee is willing to relocate with the business
- Consulting with people at risk so that they understand the process and have an opportunity to ask any questions or for other support
- Considering if there is suitable alternative employment elsewhere in the company for someone at risk (subject to a trial period)
Sometimes there are situations where it is unfair or discriminatory to make someone redundant, for example if they are pregnant, refuse to sign an opt-out agreement, or are involved with particular trade union activities. You are also legally entitled to a redundancy payment if you have been in your job for more than two years.
If you are, or think you might soon be, at risk of redundancy, talk to us. We can give you advice and support you through the process to make sure you are treated fairly. Our team has a wealth of experience in helping people to understand their options and move on.