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The Employment Rights Advice Blog

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for employees and employers

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What should you ask when you are being fired?

Questions to ask that will help you later

picture of mans wristwatch and bag with banner stating When it's time to goBeing told that you are being dismissed or laid off from work can cause so much stress that it becomes difficult think clearly. It is important to have a plan in advance, so that you regain some sense of control.

We examine the important questions to ask when you are being dismissed from work in Ireland.

 

How was the decision made?

The most important question to ask is, why your employment is ending. How did they arrive at the decision to let you go? Was it due to your job being made redundant? If so how were you selected? Do they have an alternative position available for you? If the reason is not redundancy but performance related, again ask for details at to how your performance fell short. Have they discussed your lack of performance with you? Did they consider a performance improvement plan? Make a note of any reasons offered as soon as you can. It is best to do so contemporaenously. Under unfair dismissal legislation in Ireland, you are entitled to receive the reasons for your dismissal in writing, within 14 days of your written request. When you have left the work premises, you should submit a written request for the reasons why you were dismissed. This can be very useful, if you were unfairly dismissed.

 

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More on unfair dismissal here

What about a reference ?

This question covers, not just the actual reference letter, but also any follow up enquiries which any prospective employer may make. You should ask about how your employer intends to answer any enquiries about your term with the company. The wording of any reference is an important question to pose. Many employers have been successfully sued as a result of comments made when giving a reference, most companies restrict references to a simple statement of the dates of employment.

Any money due ?

Are you due any holiday pay, minimum notice, company pension, health insurance benefits (if applicable). You should ask about any of these which apply. You will also need your P45 as soon as possible, so that you can receive your social welfare entitlements. Your new employer will need a copy of your P45 so that they can set up your correct tax allowances. If not you will be taxed on an emergency basis in your new job, until a P45 is furnished.

Leave on a positive note

You may feel angry. You may wish to lash out at the injustice of it all. Resist that temptation. By remaining professional at all times, you will increase your chances of obtaining employment. Where possible try to avoid resigning. When you resign, it affects your entitlement to social welfare benefit. If you resign, and believe that you have been unfairly dismissed, you may be able to claim constructive dismissal. Remember, however, that this places the onus on you to prove that you were constructively dismissed (More here ). In other unfair dismissal circumstances, the onus is on the employer to show that the dismissal was fair.

More information

See our article on Minimum Notice and Terms of Employment here

See 5 tips if you believe you have been unfairly dismissed here

Where can I get help?

Use the orange Yes! Tell Me More button below, and we will be in touch at a time that suits you.

 

 

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