Employment Law

Automatically unfair dismissals
A dismissal or selection for redundancy is automatically unfair if it is for the following reasons even if the employer has followed a fair procedure: -

• it is for trade union membership (or non membership) or for trade union activities
• it is because of taking action on health & safety situations or because of refusal to work in situations of serious and imminent danger
• it arose because the employee complained or brought proceedings against the employer for breaking certain statutory employment rights
• it was as a result of sex, race or disability discrimination
• it was reasons of pregnancy or any other reason connected with the pregnancy
• when the employee's work is transferred to another employer, such as in contracting out, and the transfer or a reason connected with it is the reason or the principal for the dismissal
• the employee was dismissed for refusing to forego a right under the working time regulations
• the employee was dismissed for seeking to enforce rights under the National Minimum Wage Act
• the employee was dismissed for making a protected disclosure under the whistle blowing legislation
• the employee was dismissed for acting to obtain (or prevent) recognition of an independent trade union
• the dismissal was for seeking to exercise the right to be accompanied at a grievance or disciplinary hearing
• the employee was dismissed for taking part in lawful industrial action
• the dismissal was in connection with the employee's rights with regard to parental leave, time off for looking after dependants or maternity leave
• the employee was dismissed for taking action in connection with part time workers' rights
• a shop worker is dismissed for refusing Sunday work
• the dismissal was connected with an employee's function as a pension fund trustee

Introduction
Written Particulars of Employment
Unfair dismissal
• Fair Reasons for Dismissal
• Fair Procedures
• Automatically Unfair Dismissal
Wrongful dismissal
Constructive dismissal
Redundancy
Discrimination
Employment Tribunals
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