Automatically unfair dismissals

Dismissals for certain reasons are automatically unfair. If a dismissal is automatically unfair, the employer is not allowed to argue that dismissal for that reason was reasonable.

It is up to the employee to show that the reason for dismissal fell within one of the automatically unfair categories.

The list of automatically unfair dismissals continues to grow as employees gain statutory employment rights. This year, protection from unfair dismissal for a reason relating to pension auto-enrolment has been added to the list. The main different types of automatically unfair dismissal are described below.

Except for dismissals relating to business transfers or dismissal because of a spent conviction, there is no service qualification for the right to claim unfair dismissal on one of the automatically unfair grounds (see Qualifying for unfair dismissal rights).