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.
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:
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.