- Continued employment would contravene a statute
- Some other substantial reason (SOSR)
HR 15 March 2017
How employers can protect against unfair dismissal claims
Alan Price, head of employment law at Peninsula HR, explainshow small business owners can ensure that claims of unfair dismissal are not brought against them by former staff members. Although unfair dismissal laws have been around since the introduction of the Employment Rights Act in 1996, claims for being unfairly dismissed continue to be one of the most commonly brought claims at employment tribunal. The law, and procedure required, is tricky and one wrong move could leave employers open to liability. Employees who gain two years? service with their employer have the right to not be unfairly dismissed, taking in to account the statutory notice period. To protect themselves against an unfair dismissal claim, employers need to show that their reason for dismissal was one of the potentially fair reasons contained in the legislation, they followed a fair process and a dismissal was fair and reasonable in all the circumstances. There are five potentially fair reasons for which an employer can dismiss an employee.