Enforcing a statutory right

It is automatically unfair to dismiss someone for attempting to enforce a relevant statutory right, such as a claim for holiday pay (section 104, ERA 96), or a parental right, such as parental leave or emergency time off for dependents.

It does not matter whether the employee actually has the right, or whether it actually has been infringed, as long as they acted in good faith (Mennell v Newell and Wright [1997] IRLR 519).

In Pearce and Pearce v Dyer (EAT/0465/04), the EAT held that the dismissal of employees for alleging their employer had made unlawful deductions from their wages was a dismissal for enforcing a statutory right and therefore automatically unfair. Dismissal for a reason relating to jury service or working tax credits is also automatically unfair.

Dismissal for a spent conviction is automatically unfair, although unlike the majority of automatically unfair dismissals, two years’ service is needed to bring this claim (since 6 April 2012).