Unfair Dismissal Protection
Employees have the right not to be unfairly dismissed. In most circumstances employees will need to qualify before they can make a complaint to an employment tribunal:
- at least one year’s continuous service for employees in employment before 6 April 2012
- two years for employees starting employment on or after 6 April 2012.
However, there is no length of service requirement in relation to ‘automatically unfair grounds’.
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 and trade union membership grounds and union recognition
- part-time and fixed-term employees
- discrimination: including protection against discrimination on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation
- pay and working hours: including the Working Time Regulations, annual leave and the National Minimum Wage.
Remember delay may be fatal to your case, as there are strict time limits for making applications to the Employment Tribunals. Do not delay call 0208 795 8375 today or e-mail us your online enquiry
Contact us now for free evaluation of your problem on 0208 795 8375 or fill our online enquiry form.