Q: Email from Alana N. with 4 separate questions. This is question #3
A: Can the employee claim unfair dismissal for such a short period of employment at a company? There have been instances in which the employee is being side-lined (circumvented) and management have in instances been liaising with junior staff members instead of the employee who has responsibility for that department. Meetings are being conducted concerning projects that the employee has direct responsibility for and this employee is not included in the meetings. It has been drawn to the attention of the employee’s manager and is documented. How should the employee proceed to handle this situation?
A: Can the employee claim unfair dismissal for such a short period of employment at a company? There have been instances in which the employee is being side-lined (circumvented) and management have in instances been liaising with junior staff members instead of the employee who has responsibility for that department. Meetings are being conducted concerning projects that the employee has direct responsibility for and this employee is not included in the meetings. It has been drawn to the attention of the employee’s manager and is documented. How should the employee proceed to handle this situation?
Unfortunately,
the qualification period for an employee to bring an unfair dismissal claim is
12 months. The employee has made the first key step, which is raising the
matter with the Manager, but now it must be put into writing as an official grievance. The employer should then arrange a meeting for facts to be presented, and then an appeal must be allowed, if necessary.
It does seem to be
a prima facie case of victimisation, according to Section 6 of the Equal Opportunity Act 2000, which states that a person is victimised if he/she is treated less favourably than the employer would treat others under the same circumstances.
