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  • Automatically Unfair Dismissal – Qualifying Period – Length of Service

Automatic Unfair Dismissal

While many employees require at least two years’ service before they can bring a claim for unfair dismissal, this requirement does not exist for claims where the principal reason for the dismissal alleged to be unfair was:

  • connected to pregnancy, childbirth, the employee taking maternity or paternity leave, adoption leave, parental leave, or time off to look after dependants;
  • related to health & safety;
  • due to a refusal to work Sundays (shop or betting workers);
  • related to the employee exercising a right under the Working Time Regulations;
  • the performance of functions as a trustee of occupational pensions scheme;
  • related to the functions of an employee representative;
  • due to the employee making a protected disclosure (whistleblowing);
  • the assertion of a statutory right;
  • the exercise of a right under the National Minimum Wage Act;
  • the taking of action in connection with a tax credit;
  • relating to membership of a trade union;
  • due to the employee taking protected industrial action;
  • the employee did acts in connection with their rights under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations;
  • the employee took action in connection with their rights under the Transnational Information and Consultation of Employees Regulations;
  • the employee took action in connection with their rights under the Fixed-Term Employees (Prevention of Less Favourable Treatment Regulations);
  • the employee undertook jury service;
  • the employee was selected for redundancy for any of the above reasons.

Even if an employer dismisses for a fair reason, there are no guarantees the employee won’t try to claim the reason was for one of the above. If a claim is successfully lodged with an employment tribunal, the employer will still be faced with the difficulty of defending this, regardless of the real reasons for dismissal.

For assistance & advice if you need to dismiss an employee, contact Employment Law Clinic:



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