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› Employers Tribunal › Terminating Employment › Work leave › Career Breaks › Maternity Rights Cut

Unfair dismissal

• the employer fails to give a fair reason for sacking;

• the employer failed to follow the legal and contractual processes;

• the employer uses a reason such as a worker wanting to take maternity leave)

Automatic unfair dismissal

It is automatically unfair to issue a dismissal because of reasons such as gender or age. Such an action can lead to the employee making a claim at an Employment Tribunal.

Statutory employment rights

If a worker attempts to make use of a statutory employment right, you cannot dismiss them without risking an action of automatic unfair dismissal. These rights include the list below:

• minimum period of notice;

• itemised pay statement;

• a written statement of employment terms and particulars;

• parental leave;

• maternity leave;

• paternity leave;

• adoption leave;

• leave for antenatal care;

• requesting flexible working hours;

• not to suffer discrimination (gender, race, disability, religion, sexual orientation or age);

• the right to guaranteed pay if work is not available;

• time off for jury service;

• pay because of suspension on medical grounds;

• refusing to do certain kinds of work on a Sunday;

• whistle blowing.

Other forms of dismissal

• If your company or organisation is being taken over by another, then employees may enjoy protection (Transfer of Undertakings or TUPE). If an employer dismisses a worker because of the transfer, the dismissal will be deemed automatically unfair. An employer can resort to one defence – that the dismissal was on economic, technical or organisational grounds.
• Redundancy is considered a form of dismissal. Therefore, if an employer selects someone for redundancy without solid grounds, then the employee can claim unfair dismissal.
• If an employer cannot show that there is a fair reason for an employee’s retirement, then a tribunal may deem it to be unfair (the current retirement age for men is 65 or over, and women are 60 and over. The government is looking at putting up the retirement age).
• An employer cannot dismiss a worker for being pregnant (see the maternity section).
• Dismissal by reason of an employee bringing about a grievance procedure. An employee has the right to be accompanied to a grievance procedure or disciplinary by a trade union representative or colleague. The procedure can also be reasonably postponed if the companion cannot attend. It is unfair to dismiss an employee for initiating a grievance procedure. This rule applies to both employees and agency workers.
• It is unfair to dismiss an employee because of an issue relating to working times. An employee normally has a right to paid leave and rest breaks. He or she also has the right to limiting average hours per week.
• If an employee is dismissed because of trade union membership – it counts as unfair. It is also unfair to sack an employee for taking part in legal industrial action (so long as it lasts less than 12 weeks).
• An employee cannot be fairly dismissed for qualifying for National Minimum Wage.
• An employee can claim unfair dismissal if sacked while carrying out activities relating to a health and safety representative role.
• An employee can claim unfair dismissal if sacked for being a colleague’s representative.

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