I think I have unfairly dismissed someone. Is this going to be an expensive mistake?

[Lukethe3]

I run a small business. I have dismissed someone due to unreliability. (late most days). It was brought up in an appraisal 4 months ago and was simply not improving. So I dismissed him. He is now claiming unfair dismissal and although I have all the evidence to prove the lateness, it seems I haven't followed the set protocol- verbal warnings/disciplinaries etc. He has 9 months service.

So have I unfairly dismissed him? What will happen next? Will I have to pay compensation? Feel like such a naive fool.
Thanks

With 9 months service I don't think so - but I'm not the expert. Hope it works out.

Don't worry you should be fine. It's always safest to follow your procedures even when someone doesn't have sufficient continuity of service to bring an unfair dismissal claim - but as long as you have documented the reasons for the dismissal and those are genuine (i.e. not because of race, sex, disability, trade union membership, etc) you should be fine.

If you dismissed without notice or pay in lieu of notice or failed to pay accrued holiday pay or anything else that was owed there could be a claim on that basis but it would be limited to the amount owed.

provided there is no possibility for him to base a claim on the dismissal being for reasons of race, gender, religion or disability rather than lateness then he doesn't have sufficient qualifying employment to bring a straight unfair dismissal claim. For a discrimination claim, there is no qualifying period.

Thanks. I'm relieved as I am confident there is no discrimination. I have learnt a lesson though for the future. This people management thing is a minefield.

Just to let you know, we've moved this to 'Employment Issues' at the OP's request.

At 9 months service he would not normally be able to claim unfair dismissal, and is probably full of it because he's angry.

However there is a fairly extensive list of exceptions, mainly about discrimination/exercising statutory rights. here. Assuming he cannot claim it is for any of those reasons, don't worry at all.

Take advice before dismissing someone in future, and if there is any chance the person in question could claim one of those exceptions applies, be extra careful and use a proper procedure.

If you are an FSB member, they have a really good legal helpline for this kind of stuff?

Sorry for coming to this thread so late. OP you would do well to look at the ACAS website as they have loads of good practice and legal guides for employers and also run low cost courses on people management. A day course and £60 is a lot cheaper than damages and an ET claim! Good luck with the business.