Misconduct - This is when you behave badly at work. But your employer should give you proper warnings before ending your employment for misconduct. If you do something really bad, like stealing from the cash till or assaulting someone, this is known as ‘gross misconduct’. You could be dismissed for this without warnings (although you should have had a chance to explain your behaviour). 

You are not capable of doing the job - If you are not able to do the job you are being paid to do, your employer can dismiss you. But your employer must generally have given you proper warnings about your poor work and given you opportunities to improve. If the problem may be related to your ill health, your employer should have looked at anything they can reasonably do to help you do your job, and (with your permission) have considered medical evidence about your ill health. If your ill health amounts to a disability (which has a particular meaning in discrimination law) then your employer will have additional obligations to put in place reasonable adjustments to help you.

Redundancy - This is when the employer does not need someone to be doing your job any more. For example, if your employer is closing down  or shrinking the part of the business you work in. There are complicated rules about redundancy and employers sometimes use it as an excuse to get rid of people unfairly. If you have any doubt about whether your redundancy is genuine, you should speak to an employment expert if at all possible - See How to get free legal advice about an employment problem

Fixed term contracts - If you have a 'fixed term' contract and it comes to an end, your employer doesn't have to keep you on afterwards. But they would have to have a fair reason for not extending your contract, especially if the post will continue with someone else in the job.

Legal restriction - if it would be illegal to keep employing you (for example, you need a driving licence to do your job and you have lost your licence).  Your employer should still follow a fair process, including giving you the chance to show that there is no legal restriction on you continuing to be employed.

Some other substantial reason - occasionally, employers rely on "some other substantial reason" to end employment. This is designed to catch potentially fair dismissals that would not fall into any of the other categories

There are some situations when it is always unfair dismissal. For example, if you are sacked because you are pregnant or because you complained about unsafe working practices. You can find a full list of automatically unfair dismissals on TUC. In some cases where you are automatically unfairly dismissed, you do not need to have worked for your employer for a minimum length of time before you claims (see below).

If your employer has just found an excuse to sack you and/or they have done it in an unreasonable way (like not giving you warnings, or a chance to improve), this could also be ‘unfair dismissal’. 

At the time of writing, in most cases you have to have worked for your employer for at least two years to complain about unfair dismissal to an employment tribunal. From January 1st 2007,  the law is expected to change and you will only need to have worked for your employer for 6 months. 

If you think the real reason you are being sacked 

• relates to your age, race, nationality, gender, religion or philosophical belief, sexuality, gender reassignment, marriage or civil partnership, pregnancy or maternity leave,  or because you have a disability, you have a right to complain to the employment tribunal no matter how long you have been in the job – see Unfair treatment at work.
• is because you complained about health and safety or something illegal in the workplace – you can take the issue to employment tribunal. It does not matter how long you have been working for this employer. 

If you think you have been dismissed unfairly

See  Sorting out a problem at work. You should also try to get advice. See How to get free legal advice about an employment problem. If you are a member of a trade union, your local trade union representative can also help you.

Most people can leave their job whenever they want. You just have to tell your employer you wish to leave and give the correct amount of notice. (This means that you need to continue working for them and they must continue paying you for a period of time after you have said you want to leave.) See How much notice for more details.

You should not just quit on the spot (although there are some circumstances where this is OK – for example, if you were being put in danger).

In England and Wales, you need to tell your employer that you want to leave your job before you do leave. If your employer wants to end your employment, they also need to give you ‘notice’. This means that you need to continue working for them and they must continue paying you for a period of time. 

How much time you need to work for them after telling them you want to leave depends on how long you have worked there and what it says in your contract. See box below.
 

Normally you should get full pay up to the day you finish working for your employer, including any holiday pay, overtime, and any commission you have built up. If you are being made redundant and you qualify for payment, you should also get this when you leave. 

There are some situations where you may not receive your normal rate of full pay if you’re not able to work during your notice period – see GOV.UK Payment during your notice period for more details.

If your employer does not pay the correct final pay, we suggest that you ask for it in writing using our template below. If you don’t send it by email, make sure you keep a copy.

There is no law that says employers have to provide a reference. But they should give you a reference if they normally give them.

If your employer does give a reference, remember that they have to tell the truth about you, so valid criticisms of your work may come up. A reference has to be fair, accurate, and not misleading - both for you and any prospective new employer. 

If you have doubts about the sort of reference you are likely to get, it could be sensible to discuss it with your employer before handing in your notice – you don’t want to have left your old job, then find your new employer refuses to take you on because of an unsatisfactory reference from your old employer.  

Sometimes employers will agree to give a factual reference which just includes the dates of your employment and the title of the job you did.
 

Can my boss withhold my last paycheck if I quit?

No. They must pay you for the time you have worked, and for any holiday days you had not taken. If you gave them notice of your intention to leave and did not just quit on the spot, you should also get paid for the notice period. See How much notice.

How much notice do I have to give if I don't have a contract?

If you don’t have contract you have to give called what’s called ‘statutory notice’ - it means the legal minimum.
If you have worked there for less than a month – you do not need to give any notice.
If you have worked there for more than a month, you need to give one week's notice.

Do I get paid for unused holiday when I leave?

Yes. Ask for it to be included in your final pay slip. 

What happens to my visa if I leave my job?

If you leave your job in the UK on a Skilled Worker visa, your sponsorship ends, and the Home Office will usually shorten your visa, giving you 60 days to find a new sponsor, switch to another visa route, or leave the UK. Your employer has a legal duty to tell the Home Office that you have left your job within 10 working days of your employment ending. Get immigration advice as soon as possible.
 

Disclaimer

The information in this guide applies to England and Wales only. The law may be different if you live in Scotland or Northern Ireland.

The law is complicated. We have simplified things in this guide. Please don’t rely on this guide as a complete statement of the law. We recommend you try and get advice from the sources we have suggested.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.

Acknowledgements 

This guide was produced by Advicenow. We would like to thank everyone who has commented or helped with the guide including editorial teams at Thomson Reuters who kindly reviewed this updated version.

This guide was updated thanks to funding from the Ministry of Justice under the Online Support and Advice Grant.