Automatic Unfair Dismissal

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

  • 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;

  • he 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.

If a claim is successfully lodged with an employment tribunal, it is usually the employer who are faced with the difficulty of defending this, regardless of the real reasons for dismissal.

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