Automatic Unfair Dismissal
While many employees require at least one year’s service before they can bring a claim for unfair dismissal, this requirement does not exist for claims where the principal reason for the dismissal alleged to be unfair was:
- connected to pregnancy, childbirth, the employee taking maternity or paternity leave, adoption leave, parental leave, or time off to look after dependants;
- related to a business or work function being sold or transferred;
- related to health & safety;
- due to a refusal to work Sundays (shop or betting workers);
- related to the employee exercising a right under the Working Time Regulations;
- the performance of functions as a trustee of occupational pensions scheme;
- related to the functions of an employee representative;
- due to the employee making a protected disclosure (whistleblowing);
- the assertion of a statutory right;
- the exercise of a right under the National Minimum Wage Act;
- the taking of action in connection with a tax credit;
- relating to membership of a trade union;
- due to the employee taking protected industrial action;
- the employee did acts in connection with their rights under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations;
- the employee took action in connection with their rights under the Transnational Information and Consultation of Employees Regulations;
- the employee took action in connection with their rights under the Fixed-Term Employees (Prevention of Less Favourable Treatment Regulations);
- the employee undertook jury service;
- the employee was selected for redundancy for any of the above reasons.
Even if an employer dismisses for a fair reason, there are no guarantees the employee won't try to claim the reason was for one of the above. If a claim is successfully lodged with an employment tribunal, the employer will still be faced with the difficulty of defending this, regardless of the real reasons for dismissal.
For assistance & advice if you need to dismiss an employee, contact Employment Law Clinic:
HR Support Line HR support line Pay a small monthly fee to receive instant E-mail/phone advice and guidance about HR and employment law. You will have your own personal advisor available at any time to answer any questions you may have and give you personalised advice when you need it.
A very affordable way to receive direct guidance from an experienced HR expert.
HR/Legal review and document draftingWe can analyse your business and draft HR policies, procedures, guides, staff handbooks and more. These documents will be drafted from scratch by a HR expert, so you have a solid set of rules which you can trust to keep your business on the right side of employment legalities at all times.
We can also review your existing documents to make sure they're 'watertight' and up-to-date with current legislation.
Employment Tribunals If your business is involved in an employment tribunal, then it's vital that your receive assistance from a professional HR expert. The employment law clinic has in-depth knowledge of employment law and can complete an ET3 to give you the best possible defence. We can also use our experience with hundreds of employee cases to represent you at a tribunal hearing. We know how employees can form their cases, so we can use that knowledge for your benefit.
Disciplinary & Grievance ProceduresIt's a legal requirement to have the right disciplinary and grievance procedures in place. We can assist in establishing this procedure and also support you through the process of disciplinary action against an employee. You can have a specialist employment law advisor available to guide you through each stage - confirming your actions are appropriate, balanced and legal.
-
Flexible WorkingEmployment laws provide employees with the right to request flexible working. Duties and legal requirements have been placed on employers for this purpose. We can oversee your flexible work system and make sure you abide to all flexible working laws.
Employment contract drafting One of the most essential documents for any employer. The employment contract gives both yourself and the employee a strict set of rules and requirements which must be abided to. When we oversee your employment contracts, we need to make sure that every detail is included, and that you're given maximum protection as an employee against unforeseeable events.
Managing attendance and performanceThere are often reasons behind poor performance and low attendance. Our HR specialists can analyse your business to find the root cause of such problems, and then provide solutions to resolve the situation and increase performance/attendance figures. As with any employee related matter, we always make sure attendance and performance improvement procedures comply with employee contracts and employment law.
Get in touch With over 20 years of HR and employment law experience, we can help you with literally anything when it comes to your workforce. If you're interested in any of the above services, or would like to ask us any questions, just call 020 3239 0569, or click here to contact us online.
