Automatic Unfair Dismissal

AUTOMATICALLY UNFAIR DISMISSAL

Normally an employee must have completed one years continuous employment and must not have reached the age of 65 years to be able to present a complaint of unfair dismissal to an employment tribunal.

However, certain categories of dismissal exist which will be regarded as automatically unfair even where the one year qualification has not been acquired and where an employee may be able to pursue a complaint to an employment tribunal whatever his length of service.      

The categories of automatically unfair reasons for dismissal which do not require twelve months continuous service are :-

• dismissal in circumstances where the employee took or sought to take parental leave.
• dismissal in circumstances where the main reason is that the employee exercised the right to take a reasonable amount of time off work to deal with certain situations involving a dependant.
• dismissal because a woman is pregnant or has given birth to a child or for a reason connected with pregnancy or childbirth.  
• dismissal because an employee took paternity leave or sought to take paternity leave
• dismissal because an employee took or sought to take adoption leave
• dismissal where an employee made an application to work flexibly
• dismissal where an employee exercised or sought to enforce rights under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
• dismissal for reasons connected with health and safety responsibilities or for raising health and safety issues
• dismissal in connection with an employee's rights under the Working Time Regulations 1998
• dismissal of a shop or betting worker for refusing Sunday work
• dismissal for whistle blowing
• dismissal for reasons relating to an employee's performance or his or her duties as an occupational pension fund trustee
• dismissal for reasons relating to an employee's performance of his or her duties as an employee representative
• dismissal for asserting a statutory employment right (e.g. right to a written statement of employment particulars or an itemized pay statement)
• dismissal in connection with an employee's rights to Tax Credits
• dismissal for participation in official industrial action
• dismissal where an employer has not complied with statutory dismissal and disciplinary procedures and dismisses the employee
• dismissal for trade union activities, membership, recognition bargaining
• dismissal by way of selection for redundancy for any of the above unfair reasons
• dismissal if the reason, or principle reason, is that an employee has been summonsed for jury service or has been absent from work on jury service
• dismissal relating to discrimination on grounds of sex, race, disability, religion or belief or sexual orientation

The burden is upon the employee to satisfy an employment tribunal that the reason for dismissal is one of the above.

Please contact us for further information.