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 Street qualified as a solicitor in 2003 and has over 20 years experience in employment and litigation law. He studied law at the University of Manchester before undertaking the legal practice course at the College of Law in Guildford, going on to complete his legal training at a firm in Chancery Lane, London. Once fully qualified, he moved to a niche litigation practice in the City of London.
In 2010, Tom set up his own legal practice, Tom Street & Co Solicitors and as part of this, in accordance with his strongly held objective to provide everyone with an easy pathway to justice he established the online portals Do I Have A Case? and Tribunal Claim. These websites are trading names of Tom Street & Co Solicitors.