Automatic Unfair Dismissal
Automatic unfair dismissals are separate to unfair dismissals. If you have worked for your employer for a period of less than 2 years, in certain circumstances you may be able to bring a claim for automatic unfair dismissal.
What is an automatic unfair dismissal?
An automatic unfair dismissal is when the dismissal is so clearly unfair that the employee does not have to prove they worked there for 2 years. If the dismissal violates your basic employment rights; you could potentially have an automatic unfair dismissal claim.
What are some examples of automatic unfair dismissal?
Certain actions are classified as “automatic unfair dismissal” If the employer breaches the statutory rights of an employee when dismissing them. Some examples of statutory rights that may be relevant to the automatic unfair dismissal are:
- If the employer is not paying the National Minimum Wage, to be paid holiday.
- The employer is trying to make the employee work more than a maximum of 48 hours each week.
- If the employee is pregnant or on maternity leave
- If the employee is being involved in whistleblowing or is doing jury service.
What are the time limits in automatic unfair dismissal claims?
An unfair dismissal claim, or automatic unfair dismissal claim must be made within 3 months less one day of the date of dismissal. The first step in bringing a claim is to lodge your dispute at the Advisory, Conciliation and Arbitration Service (ACAS).
For example, If you were dismissed on the 2nd of January, you would need to lodge your claim with ACAS before 1st April. We can assist you in filing for ACAS Early conciliation and entering negotiations with your employer.
It is essential that you seek legal advice as soon as possible to ensure we can properly understand your case and maximise our time to assist you with your unfair dismissal claim. If you do not act in time, you will need to apply for an extension of time to allow the Employment Tribunal to accept the jurisdiction of your claim.
Why Our Skilled Worker Visa Solicitors?
- Our accomplished London-based employment lawyers are experts in handling automatic dismissal claims.
- Our employment lawyers understand the complex nature of bringing an automatic unfair dismissal claim and can provide a confidential and robust employment law service.
- We offer competitive fees and a structured payment plan tailored to your needs.
- See our client testimonies from previous constructive dismissal claims for more information.
If you think that your dismissal was unfair, or may be an automatic unfair dismissal, our lawyers can provide advice. Book a consultation or fill out one of our query forms and we will be in contact with you.