What should I do if I lose my job?

730,000 jobs have been lost since the start of lockdown, which means there are plenty of people out there in the same boat. But knowing that there are other people in a similar situation isn’t any help to you, especially as being let go from your job or feeling like there’s a chance you could lose it can be a really unnerving feeling.

The first question many people have is what benefits they can claim and what support is available to help them get back on their feet, and here we take a look at what support is out there and all the other important bits of info you need to know.

What are my rights as an employee if I’m dismissed?

First off, you should check that your employer has followed the correct procedure in letting you go. If you think that you might have been dismissed unfairly, you should ask yourself the following questions.

If you’re still unsure about the answers to any of these questions after going through them, you can always reach out to your union for some help If you’re not a member of a union, you can usually join one and tell them the issue and they’ll still help you even though you weren’t a member during your period of employment.

1. Have I been dismissed?

The first place to start is to see whether you’ve been dismissed from your role. If any of the following situations apply to you, you’ve been dismissed:

• Your contract has been ended (with or without notice)
• Your employer refused to renew a fixed-term contract
• You were made redundant (including voluntary redundancy)
• You were dismissed for going on strike
• You were stopped from resuming your role after maternity/paternity leave

In all of these cases, you’ll need proof of the dismissal, which can be in the form of an official letter or informal messages such as texts or emails.

There are a few other cases where you might have left your job for another reason, most commonly:

• You’ve been suspended
• You resigned by choice

In either of these cases, you won’t be able to appeal a dismissal as with a suspension, you haven’t technically left your role, and with resignation by personal choice, you have made the decision. However, if you’ve been pressured into resigning or have been given no option but to resign due to a serious breach of contract by your employer, you should contact your local Citizens Advice service immediately.

In these cases, you may be able to claim for what’s known as “constructive dismissal”, which is a term given to a situation when someone was forced to leave their job because of pressure put on them by others or unsuitable working conditions.

2. What was my employment status?

Next up, you’ll need to find out if you were an employee of the company you used to work for. Unfortunately, you can only claim unfair dismissal if you were employed by them (full-time or part-time), and the law doesn’t cover contractors or temporary workers. To check your employment status, read through the government’s official advice here.

3. How long did I work at my job?

Knowing how long you worked at your old job is very important, as most unfair dismissal cases only apply if you’ve worked there for more than two years. Make sure to dig out your contract and check the exact date you started work so you can be sure of how long you worked there for.

In some cases, employees have what’s known as a “probation period” which lasts less than two years. However, this is something put in place by the employer to review your performance after a reasonable amount of time, and it doesn’t carry any weight in terms of claiming unfair dismissal if you’re let go from a job after a probation period has been passed.

The only instances where you might still be covered by unfair dismissal if you’ve worked somewhere for less than two years are if:

• The company has violated health and safety standards
• Your maternity/paternity/family leave has not been honoured
• You are a whistleblower against your former employer
• Your statutory rights were being violated

What are statutory rights?

Statutory rights are conditions which automatically apply to all employees in the UK, no matter what the terms of an employment contract. For example, one statutory right is to be paid at least minimum wage. An employer is not allowed to have you sign a contract that allows them to pay you less than this, and so if you discover one of your statutory rights has been ignored, you can claim constructive dismissal if your employer tries to get rid of you if you raise the issue with them.

Have I been dismissed unfairly?

Receiving a written explanation

If you’re pregnant or have worked somewhere for more than two years, your employer has to write to you to explain why you’re being dismissed. Employers have two weeks to give you a written explanation, and it can come in the form of an email or a letter. Some employers aren’t aware of this, so it could be worth reminding them if you don’t receive one right away.

If the explanation is too difficult to understand (this happens sometimes when employers use too many legal terms), you can ask for them to explain in simpler terms. If you think the reasons they give are unfair or untrue, there’s a chance you might have been unfairly dismissed.

Should two weeks go by without an explanation (or if your employer refuses to give you an explanation), get in touch with your local Citizens Advice service for help.

Automatically unfair reasons for dismissal

There are some reasons which are always deemed to count as unfair dismissals no matter the circumstances, and these are known as “automatically unfair” reasons. Automatically unfair reasons for dismissal include if:

• You are pregnant or on maternity leave
• You have asked about your rights at work (e.g. working hours)
• You acted on health and safety issue
• You work in a shop and refused to work on a Sunday
• You were a union member took part in union activities (e.g. going on strike)
• You were a whistleblower against your employer

If you’ve worked somewhere for more than two years, you also can’t be dismissed if:

• The business changed ownership
• You failed to declare a spent conviction

What’s important to note is that you can still be dismissed if any of these apply to you, but that none of these can be the reason given for your dismissal. If you think your employer has given a false reason for your dismissal, get in touch with the Citizens Advice service.

Discrimination

Added to the automatically unfair reasons for dismissal, you also cannot be let go from your job if you feel you’ve been discriminated against. You can be discriminated against for any of the following reasons:

• Race/ethnicity/nationality
• Gender
• Sexuality
• Religion/beliefs
• Disability
• Age
• Marriage status
• Pregnancy/maternity leave

What are my rights if I’ve been furloughed?

Some people have unfortunately been made redundant after being placed on furlough, so it’s important to note that if this happens to you, you could still be entitled to redundancy pay. You’ll be entitled to some redundancy pay if:

• You were employed for more than two years
• You lost your job because of a genuine need to make redundancies
• You were classed as an employee by your employer (see above)

There are a few situations where you might not be able to get redundancy pay, including:

• If you turned down an alternative job offer from your employer without good reason
• If you wanted to leave before your contract ended
• If you were fired for gross misconduct

How much redundancy pay can I get?

Depending on how old you are, your redundancy pay will vary. For each full year you worked for your employer, you’ll get:

• 18 to 22 - half a week's pay
• 22 to 40 - one week's pay
• 41 and over - one and a half week's pay

Even if you earn more each week, the maximum weekly redundancy pay you can receive is £538. Furthermore, redundancy pay is capped at 20 years, so even if you worked somewhere for longer than this, you won’t receive more for your additional years of work.

If you’ve been made redundant after being furloughed, your redundancy pay must be worked out based on your full wage and not the 80% you received while you were furloughed.

What benefits can I receive?

The best tool for checking which benefits you can receive is entitledto’s Benefits Calculator. Before getting started, it’s a good idea to get all the details you’ll need to fill out their calculator, including information on your:

• Living situation
• Household
• Age
• Disabilities
• Existing/past benefits
• Council tax

The tool should then tell you all the benefits you’re eligible for, and from there, you can start your application to get some support until you find a new job. For more advice on applying for Universal Credit, check out our guide.

How to apply for Universal Credit