Topics

Automatically unfair dismissal

Stephen SimpsonEditor's message: Some reasons for dismissal are potentially fair, such as conduct, capability and redundancy. However, some other reasons for dismissal are treated as automatically unfair. The usual minimum two years' service for bringing a claim does not apply to most automatically unfair reasons for dismissal.

Automatically unfair dismissals include dismissals because of pregnancy; for making a public interest disclosure (ie whistleblowing); for taking part in official industrial action; and for asserting a statutory right (such as refusing to opt out of the 48-hour working week).

It is highly unlikely that someone within your organisation, such as a line manager, will openly give one of these reasons as the rationale for a dismissal. However, HR professionals and senior staff dealing with dismissal proceedings should make sure that, where a potentially fair reason is given, it is the real one.

Look out in particular for a pregnant employee, whistleblower, trade unionist or asserter of a statutory right being dismissed under the guise of a conduct, capability or redundancy reason. Make sure that in reality the dismissal falls squarely under one of the potentially fair reasons for dismissal and that there is not a smokescreen to hide an automatically unfair motive.

Stephen Simpson, principal employment law editor

New and updated

  • Type:
    Employment law cases

    Cases on appeal

    Updated to reflect that the Court of Appeal allowed the appeal in ADP RPO v De Bank Haycocks on 29 October 2024.  

  • Type:
    Employment law guide

    Automatic unfair dismissal

    Updated to reflect the increase in compensation limits in cases of unfair dismissal, effective from 6 April 2024.

  • Date:
    17 January 2023
    Type:
    Podcasts and webinars

    Podcast: Key employment cases of 2022/2023

    We reflect on the key decisions from last year and look forward to the case law trends likely to emerge in 2023. These include cases on: gender identity, holiday pay, coronavirus-related health and safety cases, industrial action, and dismissal and re-engagement.

  • Type:
    Employment law cases

    Pregnancy and maternity discrimination: Employment tribunal round-up

    We look at five recent cases in which employers have been found to have discriminated against employees who were pregnant or on maternity leave.

  • Type:
    Employment law cases

    Coronavirus: Dismissal for refusing to attend workplace not automatically unfair

    In Rodgers v Leeds Laser Cutting Ltd, the Employment Appeal Tribunal upheld a tribunal's decision that the employee's dismissal for refusing to return to the workplace because of concerns about the pandemic was not automatically unfair for a health and safety reason.

  • Type:
    Employment law cases

    Difficult pregnancies and pregnancy loss: Employment tribunal round-up

    We look at four employment tribunal cases in which the claimants successfully argued that they were discriminated against during difficult pregnancies and pregnancy loss.

  • Date:
    25 January 2022
    Type:
    Podcasts and webinars

    Podcast: Key 2022 employment cases

    We highlight key cases due to be decided in 2022 and discuss their impact on HR. These include cases on: vicarious liability, holiday pay, agency workers, compulsory retirement ages, and coronavirus-related health and safety cases. We will also be reflecting on the key decisions from last year and look forward to the case law trends likely to emerge this year.

  • Type:
    Employment law cases

    Pregnancy discrimination: "Egregious acts" permitted 25% Acas uplift to awards

    In Slade and another v Biggs and others, the Employment Appeal Tribunal held that the tribunal had been entitled to apply the 25% Acas uplift to the awards for aggravated damages and injury to feelings, given its findings of serious pregnancy discrimination.

  • Date:
    19 November 2021
    Type:
    Commentary and insights

    COVID-related employment cases: 10 key lessons for employers

    Employment tribunals have been deciding coronavirus-related cases throughout 2021. We set out 10 key first-instance rulings related to the pandemic and highlight what lessons employers can learn from them.

  • Date:
    16 November 2021
    Type:
    Podcasts and webinars

    Podcast: COVID-19 employment tribunal decisions

    How are employment tribunals approaching claims arising from the coronavirus pandemic? We explore the most important decisions handed down so far this year and discuss their practical implications for HR.

About this topic

HR and legal information and guidance relating to automatically unfair dismissal.