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. 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 [2004] All ER (D) 352, the EAT held that the dismissal of employees for alleging that 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.

Employees must actually assert the statutory right in some way, through their words or actions, in order to claim automatic unfair dismissal (Ajayi v Aitch Care Homes (London) Ltd UKEAT/0464/11, Carter v Prestige Nursing Limited UKEAT/0014/12/ZT). Both cases are discussed on pages 114-115 of Chapter 4.