EMPLOYMENTlaw
The Cost: Employees who are dismissed
unfairly can claim compensation of up to
around £70,000. Compensation for sex
discrimination is unlimited, and includes
an award for injury to feelings from £500
to £25,000.
The Myth: You can sack someone
on the spot for gross misconduct
The Reality: Employers planning to
dismiss an employee for misconduct
should always follow a fair procedure, even
Thames if serious misconduct like theft or fighting
is suspected. This broadly involves
alkback
investigating the situation fully, giving the
BBC/T
y:
employee a chance to respond to any
es
allegations and allowing them to appeal the
court
dismissal. In addition, if any aspect of the
Photo dismissal process began before 6 April
2009, the employer must follow a set
statutory minimum procedure, which
You’re fired.’
broadly requires the employer to set out
the alleged misconduct in writing, invite
the employee to a meeting to discuss it and
give the employee a chance to appeal.
Failure to follow the statutory dismissal
However, employers can defend claims if The Myth: Those with children have procedure (where it applies) makes the
they did all they reasonably could to the right to work part-time dismissal automatically unfair.
prevent employees from harassing their The Reality: Employees with young The Cost: Employees with at least a year’s
colleagues, for example by having an children do not have an automatic right to service who are dismissed without a fair
effective equal opportunities policy that is work part-time, but they have a right to ask procedure being followed could claim
consistently enforced and in which all to work flexibly (after six months’ service), unfair dismissal and seek compensation of
employees are trained. eg working part-time. Employers do not up to around £70,000.
The Cost: Employees who suffer have to agree to such requests, but must
harassment at work can claim unlimited consider them carefully by following a set The Myth: You can dismiss an
compensation, including an award for procedure and only refusing them on employee who is 65 without claims
injury to feelings from £500 to £25,000. specified grounds (eg additional costs or The Reality: Employers are allowed to
impact on performance). In addition, retire an employee at or above 65 (or the
The Myth: Employees have no right refusing a flexible working request from a employer’s normal retirement age if this is
to privacy in the workplace female employee may amount to sex later). But to avoid claims, employers must
The Reality: Employees do have a right discrimination, on the basis that women follow a statutory retirement procedure.
to privacy in the workplace. This means are more likely to be primary carers. This means they should notify the
there is a limit to how far employers can go The Cost: Failing to follow the set employee in writing six to 12 months in
to keep tabs on their staff. While some procedure could cost the employer up to advance of their retirement and tell them
level of monitoring is reasonable, eg to £2800 in compensation, but a sex that they can ask to work for longer. If the
ensure the quality of work, employers must discrimination claim, for unjustifiably employee does ask to work beyond the
strike a balance between the needs of the refusing a flexible working request, could retirement date, the employee has to
business and employees’ rights to protect cost a lot more; compensation is unlimited. consider the request seriously and meet
their private lives. In general, any with the employee to discuss it.
interference with privacy must be no more The Myth: You can’t be dismissed The Cost: If the employer does not go
than is reasonably necessary and the if pregnant or on maternity leave. through all these steps, the employee will
employer should have good reasons for The Reality: You can, but if the reason have an age discrimination claim where the
doing so. Employers should also make sure for the dismissal is related to their compensation could be unlimited and an
employees are aware of any workplace pregnancy or maternity leave this amounts unfair dismissal claim with compensation
monitoring. to sex discrimination and unfair dismissal. of up to around £70,000.
The Cost: Employers who engage in Sometimes an employee is dismissed for a
unlawful monitoring could face claims of fair and non-discriminatory reason, but a Anna West and Adam Rice are specialists in
unfair dismissal (with compensation of up lack of evidence to back this up leads an employment law at solicitors, Travers Smith.
to around £70,000), plus unlimited Employment Tribunal to believe that the
damages (and potential fines) under data pregnancy/maternity leave was the real
Any experience of this or advice to share?
protection laws. reason for dismissal.
www.propertydrum.com/articles/myths
PROPERTYdrum JULY-AUGUST 2009 21
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76