Automatically unfair dismissals include dismissals connected with:
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membership of, or activities connected to, an independent trade union;
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taking legitimate steps to ensure the observance of workplace health and safety requirements;
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leaving (or refusing to attend) the workplace because of a serious and imminent danger to health and safety;
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carrying out the functions of an elected employee representative or candidate for election or taking part in an election for reps;
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carrying out the functions of an occupational pension scheme trustee;
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a reason relating to jury service;
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disclosures of wrongdoing under the Public Interest Disclosure Act 1998 (whistleblowing);
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pregnancy or childbirth;
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asserting any statutory right, for example:
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trying to take advantage of statutory family or other care-related entitlements, such as asking to take paternity leave;
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asking to work flexibly or part-time; or
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exercising the right to be accompanied or acting as a companion;
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refusing to work on a Sunday if working in retail or betting (unless part of your existing contract);
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seeking entitlements under the National Minimum Wage Act 1998;
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a reason relating to information on a blacklist; or
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a reason relating to pensions auto-enrolment.
For most automatically unfair dismissals, no service is needed. There is an exception for automatically unfair dismissals because of a TUPE transfer or because of a spent conviction. In both these cases, two years’ service is required.
An employer cannot justify or defend a dismissal which is automatically unfair.
