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Employment law

Automatically unfair reasons for dismissal

If a dismissal is deemed to be automatically unfair, it is not necessary to have one
year’s continuous employment. A dismissal will be automatically unfair in the
following circumstances:

 Victimisation of health and safety complainants or whistleblowers

 Pregnancy or exercise of maternity leave rights

 Trade union membership/non-membership/activities

 Assertion of a statutory right

 Unfair selection for redundancy

Potentially fair reasons for dismissal

In order for a dismissal to be fair the employer has to show:

 The principal reason for the dismissal

 That the reason was one or more of the statutory fair reasons (see below)

 That he acted reasonably.

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