Fair and unfair dismissals
Dismissals are classed as 'automatically unfair', regardless of the reasonableness, if an employee is exercising specific rights to do with:
- pregnancy: including all reasons relating to maternity
- family reasons: including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants
- representation: including acting as an employee representative
- trade union membership grounds and union recognition
- part-time and fixed-term employees
- pay and working hours: including the Working Time Regulations, annual leave and the National Minimum Wage.
When is a dismissal fair?
Dismissal is normally fair if an employer can show that it is for one of the following reasons:
- a reason related to an employee's conduct
- a reason related to an employee's capability or qualifications for the job
- because of a redundancy
- because a statutory duty or restriction prohibited the employment being continued
- some other substantial reason of a kind which justifies the dismissal.
And that they acted reasonably in treating that reason as sufficient for dismissal.