In addition to ordinary unfair dismissal, the Employment Rights Act 1996 and certain other pieces of legislation protect employees from ‘automatically’ unfair dismissal when the reason for the dismissal is one prescribed by the statutory provisions. These reasons are also known as an ‘inadmissible’ reason for dismissal.
There is no requirement for a qualifying length of service for nearly all cases of automatically unfair dismissal (for ordinary unfair dismissal the minimum length of service of an employee to achieve protection is 2 years),
The ‘reasonableness’ test also is not applicable. The statutory provisions make it clear that dismissal for an inadmissible reason is always deemed unfair. Once it has been established that an inadmissible reason is the reason or principal reason for dismissal, no further enquiry is called for.
A member of our specialist employment team will be able to advise you further on automatically unfair dismissal. Below is a list of inadmissible reasons for dismissal.