Unfair dismissal

Employees with one year’s service and who satisfy the qualifying criteria are given the statutory right to complain to an Employment Tribunal if it is felt that there was unfair or unreasonable treatment by an employer. Dismissals can be seen as unfair when an employer has dismissed an employee even when job performances were carried out in a satisfactory manner or if an employer has not correctly followed the company or statutory dismissal process when dismissing an employee.

Automatic unfair dismissal

Some dismissals are deemed to be ‘automatically unfair’. If an employee has been dismissed for any of the reasons stated below then the employee should be able to make a claim to the Employment Tribunal for unfair dismissal.

Health and safety reasons

• Seeking a written statement of employment particulars
• For being a member of a trade union and involving yourself in trade union activities
• Being discriminated against because of your gender, race, disability, religion, sexual orientation or age
• Reasons connected to pregnancy and the pregnancy itself
• Seeking to enforce rights under the National Minimum Wage Act
• ‘Whistle blowing’
• Seeking time off to look after dependants along with paternal, maternal and adoption leave
• Refusing to work on a Sunday
• Seeking time off for public duties such as jury service
• Seeking remuneration during suspension due to medical reasons
• Requesting flexible working arrangements
• Refusing to cancel an opt-out agreement
• Being transferred to another employer under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE)
  Taking action in connection with part-time workers’ or fixed term workers’ rights

An employee must however act quickly in seeking legal advice as to whether or not they have a claim for Unfair Dismissal, as the Employment Tribunal must be notified of the intention to bring a claim within 3 months of the date of termination of the contract.