Dismissal for enforcing a statutory right 


It is automatically unfair to dismiss someone for attempting to enforce a statutory right such as a claim for holiday pay, or a parental right, such as parental leave (section 104, ERA 96). It does not matter whether the employee actually has the right, or whether, in reality, it has been infringed by the employer, as long as the employee acted in good faith (Mennell v Newell and Wright [1997] IRLR 519). 


In Pearce and Pearce v Dyer [2004] All ER 352, the EAT held that dismissing employees for alleging that their employer had made unlawful deductions from their wages was a dismissal for enforcing a statutory right and automatically unfair. 


Dismissal for a reason relating to jury service or working tax credits is also automatically unfair.