Firing employees can be a process that causes you some backlash later on if you haven’t dotted all the i’s and crossed all the t’s. Of course, as a boss, you have the right to hire or fire workers. With being fired, however, there are some safeguards you really need to put in place to make sure you’re protected from an unfair dismissal claim. Know the law and protect yourself, as you can only fire a worker under the right circumstances. The law is established in the Employment Rights Act (1996).
It’s a fairly detailed and clear enough act, and it states that there are several circumstances in which letting go of a person is considered unquestionably unfair. If a worker is made redundant for any of the above reasons, he has the right to make a claim for unfair dismissal regardless of whether you have worked for one week or for a certain number of years. There are other reasons, but they have a one-year qualifying period.
What is meant by dismissal without just cause? Workers absolutely cannot be fired for participating in trade union activities or for refusing to join. They are authorized to perform these duties when appropriate. If a union worker is declared made redundant, this is the basis for a compensation claim.
Any dismissal based on race, color, creed, gender, or other well-known and documented human rights issue is unfair and would result in an almost immediate complaint. There are two ways this could get out of hand: a wrongful termination claim or a discrimination lawsuit. The cause of discrimination would be very strict. Dismissal due to pregnancy or use of maternity leave is automatic as it is for anyone who has been fired to take advantage of parental or adoption leave.
If you have sought more flexible working hours or demanded equal treatment as a part-time worker and have lost your job as a result, you have grounds for a request for an unfair dismissal claim.
The number of reasons stated in the writ are quite comprehensive and include other things like getting fired for asking for minimum wage and asking someone to drive you to a disciplinary hearing. The law relating to this sector of employment is volatile and liquid, so it is best to stay abreast of what is happening. This is obviously hard to do if you’re trying to run a business at the same time. Outsourcing is the perfect answer. Get professional advice from a firm that can help you through the legal jargon. Unfair dismissal cases are long and complicated and can cause serious problems for your company.
