Employsure Advice Manager, Helen, takes us through the topic of employee performance management and how to manage employee performance issues.
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.
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
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
Having sound policies,
and thorough investigation processes
before taking action.
Establishing valid reasons
for any dismissal
to support your decisions,
and seeking advice
from your employment relations
experts to help you understand
the risks in your specific case.
to reach out to the advice team.
We're here to help protect you
and your business,
and discuss these risks with you
Bite-Size HR: The Eighth Bite
Bite-Size HR: The Ninth Bite
Lead Employment Relations Document Specialist, Jane Escobar, walks us through how to manage flexible working requests and which employees are entitled to flexible work.