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: