What is considered to be an automatic unfair dismissal?
There are several reasons that would constitute an automatically unfair dismissal. Automatic unfair dismissal means, that regardless of your length of service, you can potentially bring a claim in the employment tribunal against your employer.
The reasons are as follows:
#1 Reasons relating to family
These include reasons relating to pregnancy, maternity leave, paternity leave, adoption leave and parental leave.
#2 Time off for dependants
If an employee takes time off for caring for dependants or for family emergencies.
#3 Asserting a statutory right
Statutory rights include:
- Being paid the minimum wage;
- Being paid holiday pay;
- Right to flexible working;
- Working a maximum 48hr week;
- Being paid maternity and paternity pay;
- Itemised pay slips;
- Written terms of employment within 2 months of job commencement;
- Written notice of dismissal if you have been working for the company for more than a month;
- Not to suffer any form of discrimination based on a protected characteristic
- Rights under the Tax Credits Act 1999
#4 Member of a trade union
If you are a member of a trade union and are dismissed because of it.
#5 Refusing to join a trade union
If you refuse to join a trade union and are dismissed because of it.
#6 Taking part in industrial action
If you are dismissed for taking part in any form of protected industrial action through a trade union.
#7 Being an employee or trade union representative
If you are dismissed for being an employee or trade union representative during disciplinary proceedings.
#8 Refusal to work on Sundays in shops or betting shops
If an employee is dismissed for refusing to work on Sundays in shops or betting establishments.
#9 Taking Jury Service
Dismissals relating to employees having to go on jury service.
#10 Health and Safety issues
If an employee is dismissed for observing health and safety issues which aren’t being adhered to.
#11 Being a part time worker
If you are dismissed for being a part time worker.
If an employee blows the whistle on illegal activities in the workplace are dismissed as a result of this, i.e making a protected disclosure.
#13 Dismissal Redundancy
If an employee is selected for redundancy with the only reason for the redundancy being dismissal.
#15 Acting as a Pension Scheme trustee
If you are dismissed for anything relating to being a pension scheme trustee.
Tom is a solicitor with 13 years qualification, specialising in employment and dispute resolution. Having trained in Chancery Lane, London, Tom developed a keen interest in contentious law representing many clients in the Royal Courts of Justice and at Employment Tribunals throughout the South East. After spending 3 years working for a niche commercial litigation and insolvency firm in the city, Tom moved to the South West and set up his own firm in 2010. Tom’s refreshingly straightforward approach to contentious employment and dispute resolution sets him apart from the field. Tom passionately champions access to justice for individuals and businesses who may not otherwise have the resources to access the courts and tribunals system.