Q&As

Does asserting a right to obtain redress of a grievance amount to the assertion of a statutory right for automatic unfair dismissal purposes?

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Published on LexisPSL on 04/09/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Does asserting a right to obtain redress of a grievance amount to the assertion of a statutory right for automatic unfair dismissal purposes?

The Employment Rights Act 1996 (ERA 1996) and certain other legislation specify various reasons for dismissal that will make a dismissal automatically unfair.

For further information, including a list of the reasons for dismissal that will make a dismissal automatically unfair, see Practice Note: Automatically unfair reasons.

One of the reasons that will make a dismissal automatically unfair is that the reason (or, if more than one, the principal reason) for the dismissal is that the employee:

  1. brought proceedings against the employer to enforce a right of theirs which is a relevant statutory right, or

  2. alleged that the employer had infringed a right of the

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