How to avoid unfair dismissal claims

The best way to lessen the risk of an unfair dismissal claim or have a solid defence to a claim are to have valid reasons for the dismissal, to follow a fair procedure leading to the termination and only offer a genuine redundancy.

Here Are Our 7 Top Tips For Dealing With Unfair Dismissal Claims:

1. Prevention is easier than a cure, ensure you have a valid reason for dismissal and follow a fair procedure.
2. Keep good notes of performance/conduct related discussions with employees
3. Keep good notes/minutes of meetings of downturns in business and discussions about reducing staffing levels
4. Before terminating, consider each of the potential claims that could be made and consider your risk. Has the employee exercised a work-place right? Are there any risks of the employee claiming the dismissal was discriminatory? Have you considered precedents set for any previous performance issues? Have you complied with the company policies/procedures?
5. Take a script with you to the consultation/termination meeting – this will help to ensure you cover all the necessary content and keeps the discussion on track
6. Remember, employees who are being dismissed can get emotional or angry – remain calm, but firm, and stay on track (use script)
7. Take a witness to performance/consultation/termination meetings with you to keep good notes of the content of those meetings.

Need Further Advice? Talk To Harrison Human Resources

With our HR Consulting service, we can provide practical advice and guidance on how to avoid unfair dismissal claims.

Simply click here to request an obligation-free 15 minute phone consult to get some initial advice on your HR needs.

Click on the links below for other related articles on:

• Performance Management
• Costs of employee turnover
• The basics of redundancy law
• 3 Factors to consider before terminating employment

Claire Harrison

Claire Harrison is the Founder and Managing Director of Harrisons, a flourishing HR consulting business that sprouted in 2009 from Claire’s passionate belief that inspiring leaders and superstar employees are the key success factor to any business. With over 20 years’ experience, Claire has worked as a HR Director of multi-national organisations, as a Non-Executive Board Director, and a small business owner. Claire’s corporate career includes working with companies such as BHP, Westpac, Fonterra and Mayne Nickless.