Key Employment Law Data

Automatically unfair reasons for dismissal

In most cases an employee needs to have two years’ continuous employment in order to make a claim for unfair dismissal. However, in certain cases no qualifying period of employment is necessary. Not only that, dismissals which fall within these cases are deemed to be automatically unfair and the employer will have no defence to the claim. These are therefore known as the automatically unfair reasons for dismissal.
There is an ever-growing list of cases that fall within the automatically unfair reasons for dismissal. These are where the reason or principal reason for dismissal was:
  • a union-related reason, for example because the employee was, or proposed to become, a member of an independent trade union, or because the ...