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automatically unfair


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Under UK employment law, there are a number of reasons for dismissal that are ‘automatically unfair’ and dismissal for these reasons would result in an Employment Tribunal finding in favour of the dismissed employee. The situations when dismissal is automatically unfair include (1) dismissal for membership or non-membership of a trade union, (2) seeking the National Minimum Wage, (3) pregnancy or childbirth, (4) asserting a statutory right, (5) whistle-blowing, (6) seeking to be represented in a company procedure, (7) activities undertaken as a health and safety representative or as an employee-nominated trustee of a pension fund. There is no qualifying period for protection from unfair dismissal for reasons that are automatically unfair. [See dispute resolution regulations and fair reasons for dismissal.]

(1) dismissal for membership or non-membership of a trade union, (2) seeking the National Minimum Wage, (3) pregnancy or childbirth, (4) asserting a statutory right, (5) whistle-blowing, (6) seeking to be represented in a company procedure, (7) activities undertaken as a health and safety representative or as an employee-nominated trustee of a pension fund.

Subjects: Human Resource Management.


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