Dismissing someone from a job doesn’t just involve saying the phrase ‘you’re fired’. We now have so many more rights in the workplace that protect us from losing our jobs but also protect companies from possible claims against unfair dismissal that it can be difficult to know where to begin.
We know that defending these types of claims can be costly in terms of time and money. Compensation for a successful claim can be substantial and legal costs are usually significant and can’t be recovered. That’s why it’s really important to follow the correct dismissal procedures, so that problems can be solved as swiftly as possible and claims can be avoided.
What are fair reasons for dismissal?
Dismissing an employee without a potentially fair reason or without following fair procedure may lead to a claim for unfair or wrongful dismissal. There are five potentially fair reasons for dismissing an employee:
- Their continued employment would be illegal
- “Some other substantial reason”
This list may seem vague but our experienced team can advise you on all the regulations and law surrounding dismissals. We’ll listen to your concerns, talk to you about what fair procedures are and help you deal with claims should they arise.
The question of where the boundary lies between an employer’s need to monitor staff and an employee’s right to privacy has once again landed at the European Court of Human Rights’ door.
The end of last month saw the Employment Appeal Tribunal rule that an employer had unfairly dismissed an employee for failing to present evidence of their right to work.