SEVERAL WAYS YOUR DISMISSAL COULD BE UNFAIR
your employer does not have a fair reason for dismissing you (for
example, if there was nothing wrong with your job performance)
your employer did not follow the correct process when dismissing you
(for example, if they have not followed their company dismissal
processes or the statutory minimum dismissal procedure)
you were dismissed for an automatically unfair reason (for example,
because you wanted to take maternity leave)
Dismissal relating to pregnancy or maternity
If you are pregnant, it would be unfair to be dismissed:
for any reason connected with your pregnancy
during your ordinary or additional maternity leave
because you have taken, or want to take, ordinary or additional
maternity leave
because of a health and safety issue that could mean you would be,
or have been, suspended from work
for keeping in touch (or not keeping in touch) with your employer
during your maternity leave
It would also be unfair dismissal if your employer dismisses you for going back
to work late from maternity leave because your employer:
didn’t properly tell you when your leave ended
gave you less than 30 days’ notice of your maternity leave’s end date
and it was not practical for you to return to work
Dismissal relating to disciplinary or grievance hearings
You have the right to be accompanied by a trade union representative or
colleague to a disciplinary or grievance meeting. You can also reasonably
postpone the hearing if your companion can’t make it. If you are dismissed for
trying to exercise these rights, or for accompanying a colleague, then it is
automatically unfair.
This applies to both employees and to other workers (for example, agency
workers).
Dismissal relating to your working time
You normally have the right to paid leave, rest breaks, as well as limiting the
average hours per week your employer can ask you to work. You cannot be
fairly dismissed for refusing to:
break your working time rights – even if your employer tells you to work
give up one of your working time rights
sign a workforce agreement that impacts your working time rights
Dismissal relating to part-time or fixed-term work
As a part-time or fixed-term worker you should not be treated less favourably
than a full-time or permanent employee. You can’t be dismissed fairly
because:
you are part-time
you made a complaint about being treated less favourably than
another employee
you gave evidence or were involved in a complaint raised by another
employee
your employer believed you intended to do any of these things
Dismissal relating to pay
You cannot be fairly dismissed for:
qualifying, or about to qualify, to be paid the National Minimum Wage
insisting on your right to be paid at least the NMW
reporting your employer for not paying the NMW
Dismissal for taking action on health and safety grounds
You will have been unfairly dismissed if you are dismissed for:
carrying out or trying to carry out any activities in your role as health
and safety representative (rep) to reduce risks to health and safety
performing or trying to perform your duties as an official or employer
acknowledged health and safety rep or committee member
bringing to your employer’s attention a concern about health or safety
in the workplace
leaving, proposing to leave or refusing to return to the workplace (or
any dangerous part of it) if there is a serious, imminent danger that you
cannot prevent
taking or trying to take the appropriate steps to protect yourself or
other people from a serious and imminent dange
