Automatic Unfair Dismissal

Regardless of age or length of service, it is automatically unfair to dismiss an employee for the following reasons

• Being a trade union member or refusing to join a trade union
• Taking part in the activities of a trade union at an appropriate time (ie outside working hours or within working hours as permitted by the employer)
• Performing the duties of an employee representative in relation to redundancy, a business transfer or the Working Time Regulations
• Standing as a candidate in an election to be an employee representative in relation to one of the above
• Carrying out the functions of an information and consultation representative or a European Works Council representative, or standing as a candidate in an election for either of these offices
• Reasons relating to pregnancy, maternity leave, paternity leave, adoption leave or parental leave
• Taking time off work to care for dependants
• Submitting a request for flexible working
• Carrying out health and safety activities as a designated employee or health and safety representative
• Raising health and safety concerns
• (for retail and betting shop workers) refusing to work on a Sunday
• Being a trustee of an occupational pension scheme
• Asserting a statutory employment right
• Refusing to work in contravention of the Working Time Regulations or to forgo a right conferred by these Regulations
• Taking action to enforce the national minimum wage
• Requesting or taking time off work to attend for jury service
• Making a protected disclosure
• (In the case of 16 or 17 year old employees) exercising the right to take time off work for study purposes
• Claiming tax credit
• Taking official industrial action (protection normally lasts for up to 12 weeks)
• Acting as another employees companion at a disciplinary or grievance hearing.

No qualifying service is required in relation to an employee dismissed on the grounds of

• Age
• Sex
• Race
• Religion or belief
• Sexual orientation
• Disability

It is also unfair to dismiss an employee who has a spent conviction or for reason of a TUPE transfer (unless the reason was for an economic, technical or organisational reason entailing changes in the workforce). In these two cases there is a requirement to have a minimum of one years’ service in place.