Automatic Unfair Dismissal Solicitors in London
Dismissed for whistleblowing, pregnancy or asserting your rights? You may have a claim from day one, with no minimum length of service.
What is automatic unfair dismissal?
An automatic unfair dismissal is a dismissal for a reason the law treats as unfair in itself, such as whistleblowing, pregnancy or asserting a legal right. You do not need any minimum length of service to claim, and the tribunal does not ask whether your employer acted reasonably. If the reason is proved, the dismissal is unfair.
In an ordinary unfair dismissal claim, the tribunal checks whether your employer had a fair reason and followed a fair process. In an automatic claim, the reason alone decides the case. There are two practical differences:
- No qualifying service. Ordinary unfair dismissal needs two years’ service (six months for dismissals on or after 1 January 2027). Most automatic grounds need none, so they protect you from day one (GOV.UK).
- No reasonableness test. A fair procedure does not save the dismissal if the real reason was a protected one.
The key question is the reason, or main reason, for your dismissal. Employers rarely admit it, so evidence of timing, emails and how others were treated matters. Our employment solicitors in High Holborn and Upton Park advise employees across London, from Acas early conciliation to the Employment Tribunal.
Automatically unfair dismissal reasons and examples
A dismissal is automatically unfair if the reason, or main reason, is one of the following (GOV.UK):
| Reason | Example | Law |
|---|---|---|
| Pregnancy and maternity | Dismissed after telling your manager you are pregnant | ERA 1996, s.99 |
| Family leave and time off for dependants | Dismissed after asking for paternity, adoption or shared parental leave, or emergency time off to care for a child | ERA 1996, s.99 |
| Health and safety | Dismissed for raising a safety concern or refusing to work in serious and imminent danger | ERA 1996, s.100 |
| Whistleblowing | Dismissed after reporting fraud, a legal breach or a danger to health and safety | ERA 1996, s.103A |
| Asserting a statutory right | Dismissed for complaining about unlawful deductions or asking for written terms | ERA 1996, s.104 |
| National Minimum Wage | Dismissed for asking to be paid the minimum wage | ERA 1996, s.104A |
| Working time and holiday | Dismissed for refusing to give up rest breaks or paid annual leave | ERA 1996, s.101A |
| Flexible working | Dismissed for making a flexible working request | ERA 1996, s.104C |
| Jury service | Dismissed for being called to serve on a jury | ERA 1996, s.98B |
| Employee or trade union representative | Dismissed for acting as a workplace or union representative | ERA 1996, s.103; TULRCA 1992, s.152 |
| Trade union membership | Dismissed for joining, or refusing to join, a trade union | TULRCA 1992, s.152 |
| Official industrial action | Dismissed for taking part in lawful, protected strike action | TULRCA 1992, s.238A |
| Pension trustee | Dismissed for acting as an occupational pension scheme trustee | ERA 1996, s.102 |
| Part-time or fixed-term status | Dismissed because you work part time or on a fixed-term contract | Part-time Workers and Fixed-term Employees Regulations |
Selecting you for redundancy for any of these reasons is also automatically unfair (ERA 1996, s.105). For whistleblowing in detail, see our whistleblowing claims page.
Is discrimination an automatic unfair dismissal?
No. A discriminatory dismissal is a separate claim under the Equality Act 2010, although it also needs no qualifying service.
Being dismissed because of race, disability, sex, sexual orientation, religion, age or another protected characteristic gives you a discrimination claim. Discrimination compensation is uncapped and can include injury to feelings. Many cases combine both claims, for example a pregnancy dismissal brought as automatic unfair dismissal and pregnancy discrimination.
Automatic unfair dismissal time limits: 6 months from 1 October 2026
For dismissals on or after 1 October 2026, you have six months less one day from your effective date of termination to start your claim (GOV.UK). You must notify Acas for early conciliation before you can file at the Employment Tribunal.
| Effective date of termination | Time limit to contact Acas |
|---|---|
| Before 1 October 2026 | 3 months less one day |
| On or after 1 October 2026 | 6 months less one day |
After early conciliation you receive a certificate and have at least one month to file your claim. See our Acas early conciliation page for the steps. Missing the deadline is very hard to fix, so take advice early.
Interim relief: the 7-day deadline
If you were dismissed for whistleblowing, trade union activity, health and safety representative duties, or acting as an employee representative or pension trustee, you can apply for interim relief within 7 days of dismissal (ERA 1996, s.128).
If the tribunal thinks you are likely to win, it can order your employer to keep paying you until the final hearing. This deadline cannot be extended, so call us on 0207 100 2525 the day you are dismissed.
Automatic unfair dismissal compensation
Compensation is made up of a basic award and a compensatory award. For whistleblowing and health and safety dismissals, the compensatory award has no cap (GOV.UK).
| Award | Limit from 6 April 2026 |
|---|---|
| Week’s pay used for the basic award | £751 maximum |
| Basic award | Up to £22,530 (30 weeks × £751) |
| Minimum basic award (health and safety, representatives, trade union grounds) | £9,157 |
| Compensatory award (most grounds) | Lower of £123,543 or 52 weeks’ gross pay |
| Compensatory award (whistleblowing, health and safety) | Uncapped |
Figures from the Employment Rights (Increase of Limits) Order 2026. The compensatory award covers lost earnings, pension and benefits that you can evidence. The tribunal can also order reinstatement or re-engagement. Many claims settle early through a settlement agreement.
What changes in 2026 and 2027?
The Employment Rights Act 2025 keeps day-one protection for automatic unfair dismissal and widens unfair dismissal rights overall (GOV.UK).
- 1 October 2026: tribunal time limit rises from 3 to 6 months.
- 1 January 2027: ordinary unfair dismissal qualifying period falls from two years to six months.
- 1 January 2027: the cap on the compensatory award is removed for all unfair dismissal claims.
- 2027: new protections against fire and rehire, and stronger protection for pregnant women and new mothers.
Read more in our Employment Rights Act guide.
How our automatic unfair dismissal solicitors help
- Review your dismissal letter, contract and timeline to identify the real reason.
- Check deadlines, including the 7-day interim relief window.
- Notify Acas and negotiate with your employer during early conciliation.
- Prepare and file your ET1 claim and evidence.
- Negotiate a settlement or represent you at the Employment Tribunal.
Why choose Adam Bernard Solicitors?
- SRA-regulated solicitors with offices in High Holborn (Central London) and Upton Park (East London).
- 15 years in practice and more than 15,000 clients served.
- Consultations in person, by phone or by video (Zoom, Teams, WhatsApp or Skype).
- Clear, competitive fees with structured payment plans.
Think you were dismissed for using your rights? Call 0207 100 2525 or request a consultation today.
This page is for general information only and is not legal advice. Law stated as at 20 October 2026 for England, Scotland and Wales.
Frequently Asked Questions
What is automatic unfair dismissal?
It is a dismissal for a reason the law treats as unfair in itself, such as pregnancy, whistleblowing, health and safety or asserting a statutory right. No minimum service is needed and the tribunal does not consider whether the employer acted reasonably.
Do I need two years' service to claim automatic unfair dismissal?
No. Most automatic unfair dismissal grounds apply from your first day of employment. The two-year rule (six months from 1 January 2027) only applies to ordinary unfair dismissal.
What are examples of automatically unfair dismissal?
Dismissal for being pregnant, taking family leave, whistleblowing, raising a health and safety concern, asking for the National Minimum Wage, requesting flexible working, doing jury service or joining a trade union.
How much compensation can I get for automatic unfair dismissal?
From 6 April 2026, the basic award is up to £22,530 and the compensatory award is capped at the lower of £123,543 or 52 weeks' gross pay. For whistleblowing and health and safety dismissals, the compensatory award is uncapped.
What is the time limit for an automatic unfair dismissal claim?
For dismissals on or after 1 October 2026, six months less one day from the effective date of termination. You must contact Acas for early conciliation first. Interim relief claims must be made within 7 days.
Do I have to go through Acas?
Yes. You must notify Acas and receive an early conciliation certificate before you can file an Employment Tribunal claim.
Is discrimination automatic unfair dismissal?
No. A dismissal because of a protected characteristic is a discrimination claim under the Equality Act 2010. It also needs no qualifying service and its compensation is uncapped. Both claims can be brought together.
Who has to prove the reason for dismissal?
If you have less than the qualifying service, you usually need to show that the automatic reason was the reason, or main reason, for your dismissal. Evidence of timing and documents is key.
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