Enforcing a statutory right

It is automatically unfair to dismiss someone for attempting to enforce a relevant statutory right (section 104 ERA). It does not matter whether the employee is actually entitled to the right, or whether it has been infringed, as long as they act in good faith (Mennell v Newell and Wright [1997] IRLR 519).

The relevant rights are all those given by the ERA. There are many examples. They include the right not to have unlawful deductions from wages, to minimum notice, trade union membership and time off, and rights under the Transfer of Undertakings Regulations (TUPE). Dismissal for a reason relating to jury service (section 98B ERA) or working tax credits (104B ERA) is also automatically unfair. So is dismissal for attempting to take advantage of the new pensions auto-enrolment rights (section 104D ERA).

There must normally be evidence that the employee actually asserted the statutory right in some way in order for the dismissal to be automatically unfair.