Automatically unfair reasons for dismissal

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 main different categories 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 Who is allowed to claim, page 264).