Automatic Unfair Dismissal
While many employees require at least one year’s 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 a business or work function being sold or transferred;
- 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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