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What is an automatically unfair dismissal?

Automatically unfair dismissals include:

  • dismissals connected with pregnancy or maternity
  • dismissals related to trade union membership
  • dismissals for asserting any statutory right (i.e. a right given by legislation), such as a request for a written statement of particulars of employment, or complaining about health and safety

Employees claiming automatically unfair dismissal at tribunal do not need the normal 12 months' qualifying service and an employer cannot justify or defend a dismissal which is automatically unfair.