Whenever an employer has to let someone go they will be worried about repercussions. Although the claim window is short, a claim for unfair dismissal can cost the company a considerable amount of money. That’s why it is best that companies take advice from a specialist unfair dismissal employment lawyer before they take action. This will help to ensure they are acting fairly and avoid the likelihood of a claim against them.
While every situation is different and should be assessed on its own merits, there are 5 questions most employers ask and it can be useful to know the answers:
- What Classifies As Unfair Dismissal
This is the simplest of questions but the answer can be complicated depending on the situation. In general terms, an unfair dismissal occurs when the employer fails to follow the procedures it has established. That means calling an employee to a meeting and giving them opportunities to correct the poor behaviour or performance.
In addition, making an employee redundant when the redundancy wasn’t genuine is considered unfair dismissal.
- What Does A Tribunal look At?
In most cases, the unfair dismissal claim will be dealt with by the Fair Work Commission. They will seek to confirm if the reason for termination was valid, that the employee had the right amount of notice regarding the reason and decision, and that they had the chance to respond and correct the issue.
They will also look at any behaviour from the employer that may have unreasonably affected the employee’s ability to improve. They will also consider anything else that the employer or employee believes is relevant.
- Can You Avoid An Unfair Dismissal Claim
The only way to reduce the risk of a claim and ensure a claim is favourable to your company is to make sure you have clear policies regarding behaviour and performance. This will allow you to fairly assess all employees equally, making it very difficult to say anyone has been unfairly dismissed.
- What Steps Need To be taken After A Claim Is Lodged?
If an employee files an unfair dismissal claim you probably won’t know about it until it arrives on your doorstep. At this stage, you need to respond with your version of events and all the facts you have to back it up.
However, it can be frustrating to deal with an unfair dismissal claim. It is best to stay calm and get expert help.
- Is An Unfair Dismissal Claim The Same As A General Protection Claim?
The short answer is no. General protections claims cover all workers and it doesn’t matter how long or short they have worked for you. This type of claim is brought when the employee feels discriminated against due to their race, colour, sexual beliefs, religious status, or even if they have been dismissed while absent from work due to an injury.
You’ll need expert help to collect the facts together and argue your case regardless of whether it’s a general protections claim or an unfair dismissal claim.
