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Automatic Unfair Dismissal

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What Is An Automatic Unfair Dismissal?

An automatic unfair dismissal is when the dismissal is so clearly unfair that the employee does not have to prove they worked there for 2 years. If the dismissal violates your basic employment rights; you could potentially have an automatic unfair dismissal claim.

This is because the automatic unfair dismissal breaches the employees’ basic rights given to them under UK employment laws.  If the employee can prove there has been a breach of their rights under employment law, they do not need to prove that their employer did not follow a fair procedure or did not act reasonably during the dismissal. This means if your employer has breached your employee rights it may be enough to pursue a successful claim.

What Are Some Examples Of Automatic Unfair Dismissal?

There are 60 potential grounds which an employee can use to bring an automatic unfair dismissal claim. These grounds are based around basic rights that all employees in the UK are protected by. We have listed some grounds below; you may have a claim for automatic unfair dismissal if your dismissal was related to:

  • Taking leave or asking to take leave for family emergencies or to care for sick family members.
  • Pregnancy and reasons linked to maternity leave and pay.
  • Taking leave or asking to take leave for family reasons, including parental leave, paternity leave or shared parental leave.
  •  For being called away from work to participate in jury service.
  • For whistleblowing about illegal or immoral actions at work.
  • Issues around pay and working hours, this includes being paid the national minimum wage, work time regulations and annual leave.
  • For asserting or trying to assert a statutory right; for example, asking to be paid minimum wage.
  • Being a fixed term or part time employee.
  • In connection with you acting as an employee representative.
  • In connection with you acting as a trade union representative.
  • Being part of or refusing to be part of a trade union.
  • For taking part in lawful protected industrial action such as strikes.
  • Being a trustee for an occupational pension scheme.
  • For taking action at work on grounds of health and safety.
  • Being dismissed in relation to a protected characteristic under the equality act such as race, disability or sexual orientation. If this is your ground you may also be able to bring a claim for unlawful discrimination.

What Are The Time Limits In Automatic Unfair Dismissal Claims?

An unfair dismissal claim or automatic unfair dismissal claim must be made within 3 months less one day of the date of dismissal. The first step in bringing a claim is to lodge your dispute at the Advisory, Conciliation and Arbitration Service (ACAS).

For example, If you were dismissed on the 2nd of January, you would need to lodge your claim with ACAS before 1st April. We can assist you in filing for ACAS Early conciliation and entering negotiations with your employer.

It is essential that you seek legal advice as soon as possible to ensure we can properly understand your case and maximise our time to assist you with your unfair dismissal claim. If you do not act in time, you will need to apply for an extension of time to allow the Employment Tribunal to accept the jurisdiction of your claim.

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Why Adam Bernard

  • Our accomplished London-based employment lawyers are experts in handling automatic dismissal claims.
  • Our employment lawyers understand the complex nature of bringing an automatic unfair dismissal claim and can provide a confidential and robust employment law service.
  • We offer competitive fees and a structured payment plan tailored to your needs.
  • See our client testimonies from previous constructive dismissal claims for more information.
  • If you think that your dismissal was unfair, or may be an automatic unfair dismissal, our lawyers can provide advice. Book a consultation or fill out one of our query forms and we will be in contact with you.

Get in touch with our expert Automatic Unfair Dismissal Solicitors today.

0207 100 2525