The UK Rules
Automatically Unfair

Automatic Unfair Dismissal UK Law

Most employers dismiss staff 'reasonably' and with fairness. But, certain situations get classed as 'automatically' unfair reasons for dismissal.

Official 'Lawful' Industrial Action

An automatic unfair dismissal would occur if you fire someone for participating in lawful industrial action:

Note: Only a tribunal can determine whether you took reasonable steps to resolve the dispute.

You may decide to 'lock out' your employees for taking industrial action. Locking them out means you prevent them from accessing their usual workplace.

As a rule you can achieve a lock-out by locking the doors. But, you cannot include any days of the lock-out into the calculation of the 12-week protected period.

Automatically Unfair Reasons for Dismissal

Qualifying Continuous Employment

All of the above qualify as an automatic unfair dismissal. In most of these cases an employee does not need to have a period of qualifying continuous employment except for:

Grounds for Automatic Unfair Dismissal in the United Kingdom