Unfair Dismissal Claim: What You Should Know

Having Plans to dismiss your employee? Then, this article is meant for you.

When it comes to employment law, most of the thoughts of people is directed toward unfair dismissal claims. This usually occurs when an employee has the instinct that his or her employer has no right to dismiss him or her.

Because of this, it is important that for an employer to be very careful so that the correct procedures are followed and that the employee is dealt with fairly when planning on dismissing him or her. In view of this, it is highly recommended that the advice of legal solicitors like Hibberts Solicitors is sought for.

Normally, an employee that has over two years qualifying service has the right not to be unfairly dismissed. When they noticed that you, as an employer, does not have a good and reasonable reason for dismissing them or that you have not followed the proper disciplinary or dismissal procedure, they might end up bringing up a claim against you in the Employment tribunal.

The following situations could be an unfair reason for dismissal of your employee:

When they request for flexible working hours

Depending on the situation that your employees find themselves, they might need a flexible working hour and there wouldn’t be any need for dismissal so far they seek your permission.

When They Needed Time off For Jury Service

Your employees might be chosen to be part of the members from the general population to hear and judge a case. That doesn’t warrant a dismissal in as much as they follow the proper request protocol.

When They Applied For Maternity or Paternity Leave

Your employee can also give birth and hence, they also require maternity or paternity leave. You should not decide to dismiss them because of this. In fact, this also cover for adoption leave.

When They Act As Whistle Blowers

In order to ensure the smoothing running of your organization, secretive acts should be avoided and that is why you shouldn’t adopt the concept of dismissing any employee that leak out the secret. In fact, he or she should be compensated.

When they Ask For Legally Required Breaks

At some point in time, your employee might be in need of break and there shouldn’t be any need for dismissal if they seek for it through legal protocols.

When They are On Maternity or Paternity Leave

Just like dismissal is inappropriate when your employee is applying for maternity or paternity leave, you should not consider giving them dismissal letter when they are undergoing the leave. It is their right. Also, this is applicable to adoption leave.

In order to maintain justice and fairness among your employee, it is important that you should take proper measure before jumping into the decision of dismissing them. This is to waive off their claims when they decide to bring up one in the Employment tribunal. And that is why for an act you plan to embark on, legal advice is as important as the policy governing your organization.