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In this article, we will delve into the concept of automatically unfair dismissals as outlined in the Labour Relations Act. We will explore what constitutes an automatically unfair dismissal, who qualifies for one, and the steps to take when pursuing such a case.
What is an Automatically Unfair Dismissal?
An automatically unfair dismissal occurs under specific conditions defined by the Labour Relations Act. To qualify, the dismissal must meet one or more of the following grounds:
- Participation in a Lawful Strike or Protest Action: If you are dismissed for participating in or planning to participate in a lawful strike or protest, this qualifies as an automatically unfair dismissal.
- Refusal by the Employer to Accept a Demand: This situation involves disputes of mutual interest, often related to union activities. If an employer dismisses you because they refuse a demand made in the context of such a dispute, it may be deemed automatically unfair.
- Exercise of Rights under the Labour Relations Act: Dismissal for exercising any right granted by the Labour Relations Act qualifies as automatically unfair. This includes actions like joining a union or taking part in union activities.
- Pregnancy: Dismissal on the grounds of pregnancy is strictly prohibited and qualifies as automatically unfair.
- Unfair Discrimination: Any dismissal based on unfair discrimination, including but not limited to race, gender, sexual orientation, or religion, is automatically unfair if the employer cannot justify the dismissal.
- Section 197 Transfer: When businesses merge or one company acquires another, the new employer must retain the existing employees under the same conditions. Failure to do so can lead to an automatically unfair dismissal.
- Protected Disclosure: If you are dismissed for making a protected disclosure, such as reporting corruption or unethical behavior within the workplace, this qualifies as automatically unfair.
Seeking Justice for Automatically Unfair Dismissals
Automatically unfair dismissals are a serious issue, and proving your case can result in up to 24 months of compensation awarded by the labour court. To pursue your case:
- Ensure you have clear evidence supporting your claim.
- Be prepared to present your case with all necessary documentation.
If you need assistance with your particular situation, feel free to book an appointment with our office by clicking the link below.
Conclusion
Understanding the grounds for automatically unfair dismissals is crucial for protecting your rights as an employee. If you believe you have been unfairly dismissed based on any of these criteria, take action to seek justice and compensation.
