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Automatic Unfair Dismissal

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.

#12 Whistleblowing

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.

#14 Discrimination

If an employee is discriminated in the workplace based of a protected characteristic be it, race, sex, gender, age, sexual orientation, disability, transgender or any other protected characteristic.

#15 Acting as a Pension Scheme trustee

If you are dismissed for anything relating to being a pension scheme trustee.