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Bite-Size HR: The Tenth Bite

Published: December 7, 2023

Employment Relations Adviser, Isabella Zamorano, walks us through Unfair Dismissal and General Protections, the two most common risks and claims in Employment Relations. 

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When you

contact the

advice team or discuss

employment relations matters,

You will likely hear discussions

about “Risks” and “Claims”.

But with these terms

being thrown around, it's often

hard to know exactly what they mean

and how they impact you as an employer.

So these are the two most common risks,

or claims in employment


unfair dismissal and general protections.

Unfair dismissal is the most common

of these claims.

This is where an employee alleges

that their employment

has been terminated in a manner

that is harsh, unjust or unreasonable.

Not everyone has the right to claim

unfair dismissal

as you need to have served

for a particular period of time

to be able to claim.

This is either six months for a business

with more than 15 employees

or 12 months in a business

with less than 15 employees.

General protections, or adverse action,

is the second common risk

you will discuss with advisers,

and relates to an action

being taken by an employer

against an employee because of:

A workplace right that they have,

or may exercise,

or, a protected attribute that they have,

such as gender,

ethnic or racial background or sexuality.

Unlike unfair dismissal,

general protections is a risk

from day one of employment,

and an employee

does not have to have been dismissed

in order to make this type of claim.

These risks can be controlled by:

Implementing best practice approaches

to managing employees

through disciplinary and performance

management processes.

Having sound policies,

and thorough investigation processes

before taking action.

Establishing valid reasons

for any dismissal

and evidence

to support your decisions,

and seeking advice

from your employment relations

experts to help you understand

the risks in your specific case.

Never hesitate

to reach out to the advice team.

We're here to help protect you

and your business,

and discuss these risks with you

in detail.

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