Circumstances when a dismissal is automatically unfair

There will automatically be a finding of unfair dismissal against you, if you sack an employee for any of the reasons below. Their age, or their length of service is immaterial.

    • Taking, or seeking to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave;
    • Taking leave for family emergencies or to care for dependants;
    • Performing certain health and safety activities;
    • Refusal of Sunday working by shop and betting employees;
    • Performing certain working time activities;
    • Performing certain functions as a trustee of an occupational pension scheme;
    • Performing certain functions as an employee representative under the TUPE or collective redundancies legislation;
    • Making a protected disclosure (ie whistleblowing);

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