Checklist for Cases with no qualifying period

In the following cases a dismissal will be deemed to be an automatically unfair dismissal,  regardless of whether the employee has completed the normal qualifying period (which currently is 2 years service) for an ordinary unfair dismissal claim.

The compensatory award is capped in all cases except those relating to whistleblowing or health and safety (section 124, ERA 1996).

Reason for dismissal Statutory reference regarding automatically unfair dismissal Compensatory award capped?
Jury service. Unfair dismissal in connection with carrying out jury service. Section 98B, ERA 1996 Yes
Family reasons. Unfair dismissal for reasons connected with pregnancy, childbirth, statutory maternity, paternity, adoption, parental leave, parental leave, shared parental leave, parental bereavement leave, time off for attending antenatal and adoption appointments or time off for dependants. Section 99, ERA 1996 Yes
Health and safety. Unfair dismissal for a health and safety reason. Section 100, ERA 1996 No
Sunday working. Unfair dismissal of a shop or betting worker for refusing to work on a Sunday. Section 101, ERA 1996 Yes
Working time. Unfair dismissal for a reason connected with rights under the Working Time Regulations 1998 (SI 1998/1833) (WTR). Section 101A, ERA 1996 Yes
Pensions trustees. Unfair dismissal for performing functions as an occupational pensions trustee. Section 102, ERA 1996 Yes
Employee representatives. Unfair dismissal for performing functions as an employee representative on a TUPE transfer or collective redundancy. Section 103, ERA 1996 Yes
Whistleblowing. Unfair dismissal for making a protected disclosure. Section 103A, ERA 1996 No
Asserting a statutory right. Unfair dismissal for asserting a statutory right listed in section 104(4) of the ERA 1996. Section 104, ERA 1996 Yes
Minimum wage. Unfair dismissal related to the national minimum wage (NMW). Section 104A, ERA 1996 Yes
Working tax credits. Unfair dismissal for enforcing rights in relation to working tax credit. Section 104B, ERA 1996 Yes
Flexible working requests. Unfair dismissal in connection with an application for flexible working. Section 104C, ERA 1996 Yes
Pensions auto-enrolment. Unfair dismissal of a jobholder if the reason for dismissal was the employer’s duties under the auto-enrolment regime or its contravention of those duties. Section 104D, ERA 1996 Yes
Time off for training. Unfair dismissal in connection with time off for study and training request rights. Section 104E, ERA 1996 Yes
Blacklisting. Unfair dismissal in connection with a prohibited list under the Employment Relations Act 1999 (Blacklists) Regulations 2010 (SI 2010/493). Section 104F, ERA 1996 Yes
Employee shareholder. Unfair dismissal for refusing to accept an offer to become an employee shareholder. section 104G, ERA 1996 Yes
EWCs. Unfair dismissal in connection with European works council activities. Regulation 28, Transnational Information and Consultation of Employees Regulations 1999 (SI 1999/3323) Yes
Part-time status. Unfair dismissal related to status as a part-time worker. Regulation 7, Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551) Yes
Fixed-term status. Unfair dismissal related to status as a fixed-term employee. Regulation 6, Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034) Yes
I&C activities. Unfair dismissal in connection with information and consultation agreement activities. Regulation 30, Information and Consultation of Employees Regulations 2004 (SI 2004/3426) Yes
Pensions employee representatives. Unfair dismissal in connection with carrying out functions as an employee representative under the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (SI 2006/349). Paragraph 5(3) or (5) of the Schedule, Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (SI 2006/349) Yes
European Cooperative Society. Unfair dismissal in connection with performing functions under the European Cooperative Society (Involvement of Employees) Regulations 2006 (SI 2006/2059). Regulation 31 (3) or (6), European Cooperative Society (Involvement of Employees) Regulations 2006 (SI 2006/2059) Yes
European public limited-liability company. Unfair dismissal in connection with performing functions under the European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (SI 2009/2401). Regulation 29(1), European Public Limited-Liability Company (Employee Involvement) (Great Britain) Regulations 2009 (SI 2009/2401) Yes
Agency workers. Unfair dismissal in connection with exercising prescribed rights as an agency worker. Regulation 17, Agency Workers Regulations 2010 (SI 2010/93) Yes
Political opinion or affiliation. Unfair dismissal for a reason relating to the employee’s political opinions or affiliation. Section 108(4), ERA 1996 Yes
Reserve forces. Unfair dismissal in connection with the employee’s membership of a reserve force. Section 108(5), ERA 1996 Yes
Union recognition. Unfair dismissal in connection with trade union recognition. Paragraph 161 and 162, Schedule A1, TULRCA Yes
Union membership and activities. Unfair dismissal for trade union membership or non-membership, or participation in trade union activities. Sections 152 and 153, TULRCA Yes
Right to be accompanied. Unfair dismissal in connection with exercising the right to be accompanied to a disciplinary or grievance hearing. section 12, ERelA 1999 Yes
Industrial action. Unfair dismissal for taking part in protected industrial action. Section 238A, TULRCA Yes
Zero hours contracts. Unfair dismissal in connection with the breach of an exclusivity term in a zero hours contract. Regulation 2 , The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 (SI 2015/2021) Yes
Redundancy selection. Unfair dismissal following selection for redundancy on certain of the grounds listed above. Section 105, ERA 1996 See above.