Round #916

We dismissed someone on their second day. They are threatening an unfair dismissal claim. What rights do they actually have?

In the UK, if an employee is dismissed unfairly, they may be entitled to compensation under the Employment Rights Act 1996. The key points regarding unfair dismissal claims are as follows: ### Key Points of Unfair Dismissal: 1. **Length of Service**: An employee must have been employed for at least two years to bring a claim for unfair dismissal. 2. **Reason for Dismissal**: The reason for dismissal must be one that falls within the protected grounds under the Employment Rights Act 1996, such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, or trade union membership. 3. **Procedural Fairness**: The dismissal must have been procedurally fair, meaning that the employee had a reasonable opportunity to present their case before being dismissed. 4. **Substantive Fairness**: The reason for dismissal must be one that would justify dismissal in law. ### Compensation: If an unfair dismissal claim is successful, the employee may be entitled to: - **Compensation**: This includes basic pay and any other earnings up to the date of termination, plus interest on these amounts. - **Reasonable Gages**: These are additional payments made by the employer to compensate for the loss of future earnings due to the unfair dismissal. ### Steps an Employer Can Take: 1. **Review the Dismissal**: Carefully review the reasons for dismissal and ensure that they meet the legal criteria for fairness. 2. **Consultation**: If possible, offer the employee a chance to explain their side of the story before making a final decision. 3. **Document Everything**: Maintain thorough records of all communications, decisions, and actions related to the dismissal. ### Seeking Legal Advice: If you are unsure about whether your dismissal was fair or if you need further guidance on handling an unfair dismissal claim, it is advisable to seek legal advice from an employment lawyer. By understanding these rights and taking appropriate steps, employers can mitigate the risk of unfair dismissal claims and ensure a fair workplace environment.

They have the right to a written notice of dismissal, access to their employment file, and the opportunity to respond to the reasons for dismissal.