Automatically unfair dismissal

If the reason (or principal reason) an employee is selected for redundancy is one of the prohibited grounds set out in section 105 of the Employment Rights Act 1996, the dismissal will be unfair. These include:

  • pregnancy, childbirth, or statutory maternity, paternity, adoption, parental or dependant care leave
  • a health and safety reason
  • for making a protected disclosure
  • for asserting a specified statutory right
  • for performing functions as an employee representative on a TUPE transfer or collective redundancy