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Automatically unfair reasons for dismissal (1 month)

If you are dismissed because of any of the listed reasons, it is automatically unfair and the Employment Tribunal will not consider whether your employer acted fairly or unfairly. All you have to do is prove that you were dismissed for asserting any of the listed statutory rights. These rights include any right given by ERA 1996 for which you can sue in an Employment Tribunal, so that any new employment right which is inserted into ERA 1996 automatically becomes a relevant statutory right in the same way as the other listed rights.

This page tells you about the difference between unfair dismissal and automatically unfair dismissal. It provides you with details of all the statutory rights which make it possible for you to sue for unfair dismissal even if you don’t have two years service.


Every employee has statutory (legal) employment rights which are listed under section 104 of the Employment Rights Act 1996 (ERA 1996) and other pieces of legislation. This page lists all the employment rights for which you can make a claim even if you don’t have two years service.

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