Many dissatisfied former employees discover that they have two legal options for resolving employment disputes: unfair dismissal and general protections claims. You cannot make both claims simultaneously, so you’ll have to choose one depending on your circumstances.
Unfortunately, deciding which path to take is frequently confusing and inconvenient if you need to make a quick decision. So, we’ll compare and contrast unfair dismissal and general protections in this article. Also, we’ll explain the differences, benefits, and drawbacks of each one. Read on to learn more.
Employees do not need to work with their employer for a specific period to make a general protections claim. This type of claim does not have to be made in response to a dismissal. However, the most common scenario for this type of claim is when an underperforming employee has been dismissed.
The main benefit of a general protections claim is that it is independent of other legal claims that an employee may have against their employer. However, the drawback of general protections claims is that they are much more challenging to prove.
For this type of claim, your lawyer will have to prove if the dismissal was valid or if it was unjust and unreasonable. Exploring issues here can be much more complicated than in unfair dismissal cases.
The main advantage of filing an unfair dismissal claim is that it is available to employees who have been fired and have worked for their current employer for at least a year. As such, employees who have been with their employer for less than a year will not have the option to make an unfair dismissal claim. Instead, they are limited to general protections claims.
Another benefit of an unfair dismissal claim is that it is more likely to succeed. This is because it is based on the circumstances of the dismissal.
However, the main drawback of making an unfair dismissal claim is that employees who have been dismissed will generally only be able to make this claim if their employer has employed them for at least one year. Employees who have been in their position less than this will be limited to making general protections claims.
Which Is Better Between General Protections and Unfair Dismissal?
It is essential to consider the circumstances when making a general protections claim or an unfair dismissal claim.
If an employee has been dismissed and is unsure which avenue is best to pursue, the employee can first make a general protections claim. This is especially when an employee is not sure whether an employer’s action was an unfair dismissal or whether it harmed the employee in some way. If the claim is unsuccessful, the employee can make an unfair dismissal claim later.
General protections and unfair dismissal claims are viable options for employees dissatisfied with their employers. Employees cannot make both of these claims, so it’s best to choose one depending on your circumstances. It’s best to work with experienced employment lawyers to provide you with legal advice and help protect your rights as a worker.
If you are looking for legal advice to take the best course of action, seek an employment lawyer in Brisbane. We have a team of lawyers at Saines Legal who are knowledgeable and experienced in all areas of employment law. We prioritise a customised approach to our client’s requirements. Work with us today!