This summer sees quite a few changes coming into effect that could have an impact on employees. It has been argued that a new bill being introduced could make it easier for employers to dismiss staff. It is worth taking a look at unfair dismissal and how employment lawyers can provide guidance.
The changes to dismissal laws are being brought in by the Enterprise and Regulatory Reform Bill and could make it more difficult for employees who believe they have been unfairly dismissed to claim any kind of compensation or better treatment. The changes include a cap on the amount of compensation that can be awarded and a new charge for actually making a claim in the first place. If an employer is making 100 or more redundancies the period of time available for consultations is going to be cut to 45 days from a period of 90 days.
Employment Law Advice Invaluable
Employees who feel they may be affected by new changes or feel they have been treated unfairly anyway would do well to seek employment law advice to help them decide what action to take. Employment lawyers are best placed to advise on the current status of regulations and also how your situation is classified under current legal regulations. There are many different cases of unfair dismissal and it is important that you identify where your case fits in and if you have a right to claim for compensation or redress.
What Is A Fair And Unfair Dismissal?
Unfair dismissals can be deemed immediately unfair if they have anything to do with a list of categories such as:
- Being a part-time or fixed-term employee
- Any maternity related issues and pregnancy
- Areas related to family such as paternity leave and any parental leave both for birth and adoption
- Any discrimination issues relating to gender, race, age, religion, disability and sexual orientation
- Issues related to membership of trade unions and representation
- Minimum wage issues and working hours and pay issues
Conversely it is also worth bearing in mind what a fair dismissal is classified as. It is usually when the employer can prove that any of these issues apply:
- If there is an issue regarding an employee’s qualifications or skills for the job
- When an employee’s conduct or behaviour is in question
- When it relates to a redundancy.
- If employment is no longer possible because of a legal change or regulation. The employer must also treat the employee and the dismissal procedure in a reasonable and correct manner.
If you feel you have a case for claiming for unfair dismissal you might find it useful to seek professional legal guidance from a firm who offer a fixed price quote for employment law advice. It is important that you act reasonably quickly as there may be a strict time limit on when you are able to take action. Once again, an employment lawyer will be the best guide as to how you can go about doing things properly within new and existing legal frameworks.
Anna Mathews contributes regularly to websites and blogs. For this and similar postings she was interested in making sure employees are aware of the fixed price quote for employment law advice option to simplify the claims process.