Downturn no excuse for unfair dismissal

A Cumbria employment lawyer is warning businesses not to use the downturn as an excuse to unfairly dismiss workers.

Joanne Stronach, a Partner in the employment law team of Burnetts Solicitors in Carlisle, says employers are putting themselves at risk of costly legal action because they are treating the poor economic situation as an excuse to get rid off employees who are on long-term sick, who are under-performing or who are just difficult to manage.

Joanne said, “There is a lot of redundancy about and so employees are asking fewer questions when they are facing redundancy.  Selection criteria for redundancy have to be fair. If an employer decides, for example, to make redundant everyone who has been off sick for more than a month, that would amount to an unfair selection process and is potentially discriminatory under the Disability Discrimination Act.”

According to the latest Employment Tribunal statistics, the average compensation awarded in cases of unfair dismissal was £7,974. Where disability, race or sex  were factors, awards were much higher.

Joanne continues, “There are fair and legal means of dismissing under-performers. Although they make take a little time, in the long run, it is much better for employer and employee if proper procedures are followed. Whatever the reason for the dismissal, it is always worth having a chat to an employment law solicitor” 

For further information on redundancy or other dismissals, contact Joanne on 01228 552222 or visit our redundancy pages.

En

14th April 2009

Note to editor:

The latest figures from the Tribunal Service (Employment) are available from:  http://www.employmenttribunals.gov.uk/Documents/Publications/AnnualStatictics0607.pdf