LRD guides and handbook June 2016

Law at Work 2016

Chapter 10

Automatically unfair reasons for dismissal 


[ch 10: page 337]

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


Except for dismissals relating to business transfers or dismissal because of a spent conviction, there is no service qualification to the right to claim unfair dismissal on one of the automatically unfair grounds. Instead, the right is available from day one of the employment.