ACCA F4 - Corp and Business Law (ENG)

Part C Employment law  9: Dismissal and redundancy 149

6.1.6 Automatically unfair reasons for dismissal

Some reasons are automatically unfair (known as 'inadmissible reasons'). Examples include:

 Pregnancy or other maternity-related grounds

 A spent conviction under the Rehabilitation of Offenders Act 1974

 Trade union membership or activities

 Dismissal on transfer of an undertaking (unless there are 'economic, technical or organisational

reasons' justifying the dismissal)

 Taking steps to avert danger to health and safety at work

 Seeking to enforce rights relating to the national minimum wage

 Exercising rights under the Working Time Regulations 1998

 Refusing or opting out of Sunday working (in the retail sector)

 Making a protected disclosure order under the Public Interest Disclosure Act 1998.

Dismissal on grounds of pregnancy or pregnancy-related illness is automatically unfair, regardless of

length of service as it amounts to gender discrimination.

6.2 Proving what was the reason for dismissal

The employer may be required to give to the employee a written statement of the reason for dismissal. If an

employee is dismissed for trying to enforce their employment rights, by for example asking for a written

statement of particulars or an itemised pay statement, they may claim unfair dismissal regardless of the

length of service and hours worked.

Exam questions may test fair and unfair reasons for dismissal and the meaning and effect of constructive

dismissal.

7 Remedies for unfair dismissal

Remedies for unfair dismissal include:

 Reinstatement

 Re-engagement

 Compensation

An employee who alleges unfair dismissal must present their complaint to an employment tribunal within

three months of the effective date of termination. The dispute is referred to a Conciliation Officer and only

comes before the tribunal if their efforts to promote a settlement fail.

7.1 Reinstatement

If unfair dismissal is established, the tribunal first considers the possibility of ordering reinstatement.

Reinstatement is return to the same job without any break of continuity.

7.2 Re-engagement

The tribunal may alternatively order re-engagement. The new employment must be of the same status

and comparable with the old role or otherwise suitable.

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