Dismissal: employment law myths

Unfair dismissal continues to be one of the most common types of employment tribunal claim pursued by employees (according to the Tribunals Service’s annual figures, employment tribunals received a total 46,300 unfair dismissal claims between 1 April 2011 to 31 March 2012).

There are several popular employment law myths around dismissal that simply refuse to go away. Think carefully about each of the following statements and decide whether you agree or disagree with them.

1. If an employee doesn’t turn up to work for a period, he has dismissed himself.

2. An employee must always have at least two years’ service to be able to claim unfair dismissal.

3. An employer can dismiss an employee instantly if he or she has committed an act of gross misconduct.

Listen to the XpertHR podcast to find out whether you were right or whether your actions could have led to your organisation unfairly dismissing one of its employees.

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