Automatically Unfair Dismissal

Certain dismissals are described as ‘automatically’ unfair. In an ‘ordinary’ unfair dismissal claim, a tribunal will consider whether you had a fair reason for dismissal, followed a fair procedure and acted fairly and reasonably. This is not the case with automatically unfair dismissals: if a tribunal finds that a dismissal was for an automatically unfair reason, your procedure and ‘reasonableness’ will be irrelevant: the dismissal will always be unfair.

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