Definition
A category of dismissal that is automatically considered unfair regardless of the employer's reason, the employee's length of service, or the procedure followed, because it relates to the exercise of certain statutory rights.
UK Context
Automatic unfair dismissal is governed by section 99, 100, 101A, 103A, and 104 of the Employment Rights Act 1996, among other provisions. There is no qualifying service requirement. Compensation is uncapped for dismissals related to health and safety and whistleblowing. ACAS guidance recommends that employers take particular care when dismissing employees who have recently exercised statutory rights.
Best Practices
- Maintain detailed records of the genuine reasons for any dismissal, particularly where an employee has recently exercised statutory rights
- Train managers to recognise situations where automatic unfair dismissal risk arises
- Never dismiss or select for redundancy because of pregnancy, family leave, whistleblowing, or any other automatically unfair reason
- Seek legal advice before dismissing any employee who has recently raised a grievance, made a disclosure, or exercised a statutory right
- Ensure dismissal decisions are made by someone unaware of the protected activity where possible, to demonstrate independence
Frequently Asked Questions
What makes a dismissal automatically unfair?
A dismissal is automatically unfair if the reason or principal reason relates to specified protected rights or activities. Common examples include pregnancy or maternity, whistleblowing, trade union activities, asserting statutory rights such as minimum wage or working time, and refusing to work in unsafe conditions.
Do I need two years' service to claim automatic unfair dismissal?
No, unlike ordinary unfair dismissal which requires two years' continuous service, automatic unfair dismissal can be claimed from day one of employment. This protection applies regardless of how long the employee has been in the role.
Is compensation capped for automatic unfair dismissal?
For most categories, the same cap applies as for ordinary unfair dismissal. However, compensation is uncapped for dismissals related to health and safety activities and whistleblowing (protected disclosures), meaning there is no limit on the compensatory award a tribunal can make.