Most clinic owners have heard of unfair dismissal. It’s the classic claim when someone feels they’ve been fired unfairly. But there’s another type of claim that’s becoming increasingly common—and it can catch even well-intentioned employers off guard.

It’s called a General Protections claim.

Unlike unfair dismissal, it doesn’t just apply after someone has been terminated—and it doesn’t require the employee to have worked with you for a minimum period. That makes it one of the most misunderstood and misused claims in employment law.

Let’s unpack what it is, why it matters, and how you can protect yourself.

What’s the difference between Unfair Dismissal and General Protections?Unfair Dismissal

This applies when an employee claims they were:

1. Dismissed without a valid reason (e.g. poor performance wasn’t proven), or
2. The dismissal process was harsh, unjust or unreasonable

To be eligible to make a claim, the employee must:

1. Have been employed for at least 6 months (or 12 months for small businesses with fewer than 15 employees)
2. Be covered by an award or enterprise agreement, or earn under the high-income threshold (currently $167,500 as of July 2023)
3. Have been dismissed from their role (it does not apply during active employment)

Outcomes of an unfair dismissal claim can include:

1. Reinstatement to their role
2. Up to 26 weeks’ pay (6 months) in compensation
3. A financial settlement if both parties agree during conciliation

General Protections (Adverse Action)

General Protections claims are broader and more complex. They apply when an employee alleges they were treated unfairly for a prohibited reason—such as:

1. Discrimination (e.g. based on age, gender, disability, pregnancy)
2. Retaliation for exercising a workplace right (e.g. making a complaint, requesting leave)
3. Adverse action taken for reasons protected by law

What makes GP claims especially tricky:

1. There’s no minimum employment period
2. They can be made during employment or after termination
3. The burden of proof is reversed—you must prove the decision wasn’t made for a discriminatory or retaliatory reason

Some employees may use GP claims as a workaround

Here’s the reality many business owners aren’t told:

If an employee hasn’t been with you long enough to be eligible for unfair dismissal, a General Protections claim may be the only legal avenue available to them. Unfortunately, some employees may use this route as a way to challenge a dismissal that’s actually about performance or fit.

That’s why even a legitimate, fair termination can be challenged if it appears to be for a protected reason—and you don’t have the records to show otherwise.

How much does it cost to lodge a claim?

Very little.

Both unfair dismissal and general protections claims cost under $100 to lodge with the Fair Work Commission. That low barrier makes it easy for employees to file, even if the claim is weak.

But lodging a claim doesn’t mean you’re going to court.

The first step is a conciliation conference by phone. It’s informal and confidential. The purpose is to resolve or settle the issue—whether that’s through reinstatement, an agreed payout, or simply a better understanding between the parties.

Real-world examples of GP claims

Even if your intentions were good, here are some scenarios that could lead to a General Protections claim:

⚠️ Reducing someone’s hours after they raise a concern

⚠️ Ending employment shortly after a request for parental leave

⚠️ Not hiring someone after they disclose a disability

⚠️ Performance managing someone who’s made a workers comp claim

⚠️ Terminating during probation without clearly documenting your reasons

So how do you protect your business?

The good news: The same actions that protect you from unfair dismissal claims also protect you from GP claims.

✅ Document all decisions—especially those around performance, rosters, and conduct.

✅ Be consistent with how you apply policies and expectations across your team.

✅ Follow fair procedures, even during probation.

✅ Get advice before taking action on sensitive matters—especially anything that touches on health, complaints, or protected attributes.

Final thoughts

This isn’t about scaring you—it’s about making sure you’re informed.

General Protections claims exist to ensure employers don’t take action for discriminatory or retaliatory reasons. That’s important. But they’re also being used more often by employees who simply want a way to challenge a decision they don’t agree with.

As a clinic owner, you don’t need to fear this.

You just need to:

1. Know that General Protections exist
2. Keep clear records
3. Follow fair and consistent processes
4. And get advice when you’re not sure

Worried your current HR processes might leave you exposed?

Send me a message with “GP Ready” and I’ll walk you through what you need in place to stay compliant and confident—without losing sleep over what might happen.