Articles Dismissal Are you at risk of an Unfair Dismissal claim?

Are You At Risk Of An Unfair Dismissal Claim?

Are you at risk of having an employee whom you've fired make a claim for unfair dismissal? As a company owner, you have the right to hire and fire, but only under the right circumstances. The Employment Rights Act 1996 covers this tricky area. It sets out a number of cases where dismissal of an employee is automatically unfair. All employees who are dismissed on one of these grounds have the right to make a claim, no matter how long they have been working for you. There are also other grounds which may be grounds for claims; however, these have a one year qualifying period. Here's a guide to the automatic ground for unfair dismissal.

Some of the rules relate to trade union activities. Employees cannot be dismissed for belonging to a trade union or refusing to join a trade union. If they are trade union members, then they are allowed to carry out union activities at a time that's appropriate. Employees who are made redundant as a result of their involvement with a trade union also have grounds for a claim, as do those who are made redundant on any ground that would have been unfair if they had been fired.

Grounds For Dismissal

Dismissal because of gender, race, age or disability is also automatically unfair. However some employees may decide to claim for discrimination instead, which is potentially more costly. Workers who are pregnant or entitled to maternity leave or pay who are dismissed also have the automatic right to make a claim, and this also applies to workers who are dismissed because of taking parental or adoption leave. No one can be dismissed because of seeking to work flexible hours or because of asserting their rights to equal treatment as part time workers.

There are many other grounds for making an unfair dismissal claim, including dismissal because of seeking to earn the minimum wage, or because of asserting the right to be accompanied to a disciplinary hearing. The law changes frequently and it's important to keep up to date. All these potential claims are a minefield for company owners, who may struggle to keep abreast of changes in the law. One of the solutions is to get professional advice from a firm which can keep you up to date with the law and can assist you in case there is a claim. Unfair dismissal can be costly, so make sure you are informed.

 

Deminos are HR Outsourcing and employment law specialists. To find out more please call us on 0191 460 1111 or visit http://www.deminos.co.uk

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