Generally speaking, employees need one year's continuous
service with their employer to present a claim of unfair
dismissal to an Employment Tribunal.
Examples of exceptions to the one-year rule for claiming
unfair dismissal are if the dismissal is found to be
for reasons connected with pregnancy, trade union membership
activities, health and safety issues, or public interest
disclosure ("whistle blowing"). If an employee
believes his dismissal was for one of the above reasons,
he can make a claim for unfair dismissal irrespective
of their length of service.
Potentially fair reasons for dismissal can be on the
basis of conduct (e.g. persistently breaking the rules,
theft or fraud), capability (e.g. serious ill health
or lack of qualifications), redundancy or some other
substantial reason (SOSR).
It is essential to follow the correct procedures, as
recommended by ACAS, in dismissing employees as statistics
show that approximately 97% of employers lose unfair
dismissal claims on the basis of not following these
correctly. Employees now have a statutory right to be
accompanied by a fellow worker or a trade union official
to a disciplinary hearing and to a grievance hearing.
For further information on the upper limit on a compensatory
award please see our bulletin Tribunal Compensation
Award. If you would like advice or a review of your
policies, please contact Stephen
Knowles today.
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