IT'S that time of year again, Sir Alan and his Apprentice hopefuls are entertaining the nation.
Each week millions of us tune in to watch someone getting fired, often with a little public humiliation thrown in for good measure. Unfortunately in the real world being dismissed is far less entertaining.
In the Apprentice, Sir Alan appears to ac
t with complete impunity, firing at will. Whilst we all know that it is a TV show and therefore a long way from reality, there is a danger that employees can come away with the impression that bosses can actually hire and fire at will.
Fortunately this is not the case, employees do have a range of legal measures to ensure that any dismissal was fair and correct.
Losing your job is likely to have a huge impact on your life, particularly in today's economic climate. Therefore it is vital that if you hear the words 'you're fired' then you should seek legal advice. An employee has two main areas they can look to if they feel their dismissal was unfair. Firstly the employer has to prove that the reason for dismissal was fair, this often involves issues such as conduct and capability. But even if the reason for dismissal is found to be fair, the employer must still prove that the procedure that was followed was the correct one. An Employment Tribunal is one of the main ways that the reason and process of dismal can be challenged.
"Employment Tribunals offer an important forum for people to challenge their dismissal, but employment law is a complex area and we recommend that before anyone considers formally challenging their dismissal they seek professional legal advice,'' said Liam Kenealy, employment law specialist at Ashton Morton Slack.
"Programmes like the Apprentice portray a rather one-sided view of firing employees, I just hope that viewers don't forget that it is simply a TV show and that in real life people have much greater protection."
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The full article contains 356 words and appears in Sheffield Telegraph newspaper.