Dismissal

Unfair reasons for dismissal

It is now automatically unfair if you fail to follow statutory dismissals procedures in certain types of dismissal.

Automatically unfair reasons

It is essential that you follow the statutory dismissal procedures if you are contemplating a dismissal for capability, conduct, redundancy - but not collective redundancies, compulsory retirement or non-renewal of a fixed-term contract. For information on the statutory procedures, see the page in this guide on dismissing fairly.

Other automatically unfair reasons, include dismissing someone because they:

• are pregnant, have taken or propose to take maternity, paternity, adoption or parental leave or time off for a dependant - see our guide on maternity, paternity, adoption - an overview
• are, or propose to become or refuse to become, a member of a trade union - see our guide on rights to trade union membership
• seek to claim their employment rights, such as being paid the minimum wage or tax credits
• take certain specified action on health and safety grounds
• carry out their duties as trustee of a company pension scheme
• have disclosed certain kinds of wrongdoing in the workplace - eg whistleblowing
• have exercised their right to be accompanied, or act as a companion, at a disciplinary or grievance hearing - see our guide to handling discipline and grievance issues
• have taken part in lawfully organised official industrial action lasting 12 weeks or less (or longer in some circumstances) - see our guide on industrial disputes
• have been summoned or had time off work for jury service
• have made a request to work flexibly in accordance with their right to make such a request
• enforced or sought to enforce a right under the Working Time Regulations 1998 - see our guide on hours, rest breaks and the working week

See a full list of reasons for dismissal which are automatically unfair on the Department of Trade and Industry (DTI) website.

In most cases the one-year qualifying period and age limit for making a complaint of unfair dismissal won't apply if the complaint is based on an automatically unfair reason. See the page in this guide on types of dismissal and qualifying periods for tribunal claims.

Subjects covered in this guide

• Introduction
• Types of dismissal and qualifying periods for tribunal claims
• Dismissing fairly
• Unfair reasons for dismissal
• Avoiding unfair dismissal and the consequences of getting it wrong
• Dismissals on performance grounds
• Dismissals on capability grounds
• Dismissals relating to industrial action
• Notice periods
• Final payments and other matters

 

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