Automatically Unfair Dismissal Reasons
Some dismissal reasons are automatically unfair regardless of procedure. Learn what these are and that no minimum service is required.
Certain dismissal reasons are automatically unfair - the employer cannot justify them regardless of circumstances or procedure.
Key Features
No Service Requirement
Employees can claim automatically unfair dismissal from day one of employment. The usual 2-year qualifying period doesn't apply.
No Reasonableness Test
Tribunals don't ask whether dismissal was reasonable. If the reason was one of the automatically unfair reasons, the dismissal is simply unfair.
Enhanced Protection
Some automatically unfair dismissals have:
- No cap on compensation
- Special remedies available
- Interim relief possible
Categories of Automatically Unfair Dismissal
Pregnancy and Maternity
Dismissal connected to:
- Pregnancy itself
- Maternity leave (taking or seeking to take)
- Pregnancy-related illness
- Childbirth
This protection extends to:
- Dismissal during pregnancy
- Dismissal during maternity leave
- Dismissal because of past pregnancy
Family Leave
Dismissal for taking or seeking to take:
- Paternity leave
- Adoption leave
- Shared parental leave
- Parental leave
- Time off for dependants
- Parental bereavement leave
Whistleblowing
Dismissal because employee made a protected disclosure about:
- Criminal offences
- Breach of legal obligation
- Danger to health and safety
- Environmental damage
- Miscarriage of justice
- Deliberate concealment
No cap on compensation. Interim relief available.
Health and Safety
Dismissal because employee:
- Carried out health and safety duties
- Brought health and safety concerns to employer's attention
- Left or refused to return to dangerous workplace
- Took appropriate steps to protect themselves/others from danger
No cap on compensation. Interim relief available.
Asserting Statutory Rights
Dismissal because employee:
- Asserted a statutory employment right
- Alleged breach of a statutory right
The right doesn't need to exist - employee only needs to allege it in good faith.
Trade Union Activities
Dismissal for:
- Being a union member
- Taking part in union activities
- Using union services
- Not being a union member
Interim relief available.
Working Time Rights
Dismissal for:
- Refusing to work in breach of Working Time Regulations
- Refusing to give up rights under the Regulations
- Exercising rights under the Regulations
National Minimum Wage
Dismissal for:
- Qualifying for NMW
- Being entitled to a particular rate
- Enforcing NMW rights
Part-Time and Fixed-Term Workers
Dismissal for:
- Being part-time
- Being fixed-term
- Asserting rights under the Regulations
Tax Credits and Flexible Working
Dismissal for:
- Receiving tax credits
- Making flexible working request
- Exercising right to request flexible working
Jury Service
Dismissal for:
- Being called for jury service
- Being absent due to jury service
Study and Training
Dismissal for:
- Making request for study/training time
- Exercising right to time off for study
Redundancy Selection
Selection for redundancy based on any automatically unfair reason is also automatically unfair.
Interim Relief
For certain automatically unfair dismissals, employees can apply for interim relief:
What Is It?
An urgent application to tribunal (within 7 days of dismissal) for an order that employment continues pending full hearing.
When Available
- Whistleblowing
- Health and safety
- Trade union membership/activities
- Employee representative duties
Effect
If granted:
- Employment continues (or pay continues if employer won't allow work)
- Position preserved until full hearing
- Significant pressure on employer
Compensation
Basic Award
Calculated same as ordinary unfair dismissal:
- Based on age, service, and weekly pay
- Subject to statutory cap
Compensatory Award
For most automatically unfair dismissals:
- Subject to statutory cap (currently £115,115 or 52 weeks' pay)
For health and safety and whistleblowing:
- No statutory cap
Additional Considerations
- No reduction for contributory conduct (in most cases)
- Full compensation for all losses flowing from dismissal
Proving Automatically Unfair Dismissal
Employee Must Show
- The protected ground existed (e.g., was pregnant, made disclosure)
- Dismissal was connected to that ground
Causation
The protected reason must be:
- The principal reason, OR
- A significant part of the reason
It doesn't need to be the sole reason.
Practical Implications
For Employers
- Be extremely careful with any dismissal involving protected situations
- Document genuine non-discriminatory reasons carefully
- Never dismiss because of protected activity
- Ensure managers understand the risks
- Take legal advice before dismissing in sensitive situations
For Employees
- Understand your protections from day one
- Keep records of protected activity
- Document any connection between protected acts and treatment
- Act quickly - especially for interim relief
- Seek advice promptly if dismissed
Related answers
Whistleblowing Clauses in Employment Contracts
How whistleblowing protections should be addressed in contracts. Understand protected disclosures and employer obligations.
Fair Reasons for Dismissal in the UK
What counts as a fair reason to dismiss an employee? Learn about the 5 potentially fair reasons and what employers must prove.
Frequently Asked Questions
- What is automatically unfair dismissal?
- Automatically unfair dismissal is when the reason for dismissal is one that the law says is always unfair, regardless of the employer's procedure or the employee's length of service. These include pregnancy, whistleblowing, and health and safety complaints.
- Do I need 2 years' service to claim automatically unfair dismissal?
- No. Claims for automatically unfair dismissal have no minimum service requirement. You can bring a claim from day one of employment.
- What compensation can I get for automatically unfair dismissal?
- Compensation is calculated the same as ordinary unfair dismissal (basic award plus compensatory award), but there's no cap on the compensatory award for certain automatically unfair reasons like health and safety and whistleblowing.