Unfair dismissal: automatically unfair reasons for dismissal

Author: Brightmine content team

Updating author Max Winthrop

Summary

This guide illustrates the circumstances in which a dismissal will be automatically unfair. Employees do not normally need the usual minimum two years' service to be able to bring an automatic unfair dismissal claim. Where an employment tribunal determines that the dismissal was for an automatically unfair reason, the employer will have no defence to the claim, irrespective of whether it followed a fair procedure.