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Employment Law Questions for Employers

1. I terminated my employee's employment when she told me that she was pregnant. She has only been employed for 6 months. Can she clam unfair dismissal?

In ordinary circumstances your employee would not be able to claim unfair dismissal as they had not been employed continuously for over twelve months. However the act which governs employment law does provide for certain exemptions to this rule, including where an employee is dismissed for a reason connected to pregnancy. In these circumstances employees do not need twelve months service therefore they would be entitled to issue an application for unfair dismissal. Your employee may also consider bringing sex discrimination proceedings against you in these circumstances.

2. I have invited one of my employees to attend a disciplinary hearing and they have asked me whether they are entitled to have a witness present. Are they?

Any worker who is invited to attend a disciplinary or grievance hearing and who reasonably requests to be accompanied must be allowed to bring a single companion who may be either:

• A fellow employee
• A Trades Union official

This companion is allowed to address you at the hearing, but is not entitled to answer questions on your employee's behalf. If their chosen representative is not available to attend the meeting on the day that you have arranged, the employee is entitled to ask for it to be rescheduled. In those circumstances, you must reschedule the meeting to a time proposed by the employee provided that the proposed time is reasonable and within five working days beginning with the first working day after the date originally proposed.

3. If one of my employees issues a Tribunal application and succeeds will I be required to pay their legal fees?

In normal circumstances a Tribunal will not award either party their costs in a Tribunal case unless it can be shown that in bringing or conducting proceedings one party has acted unreasonably, vexatiously or that the bringing or conducting of proceedings was misconceived. Legal aid will not be available to cover costs incurred by your employee at a Tribunal hearing, however they may be covered for legal costs under the terms of an insurance policy (for example home contents policy).

4. I dismissed one of my employees 5 months ago. How long do they have to bring a claim in the Employment Tribunal?

Tribunal proceedings must usually be issued within 3 months from the effective date of termination of employment. A Tribunal does have discretion to extend this time limit, but only if it can be shown that it was not reasonably practical for your employee to issue their Application within three months. Also, in some cases, the time limit can be extended by the employee issuing a grievance within three months of the act taking place that forms the basis of their grievance. Once you receive an application you must file your response within 21 days of receipt.