Dismissing Employees

4. Unfair and Unlawful Dismissal

4.1 An employee with at least one year's service who is under 65 (or the normal retiring age for a person doing that job) is protected against dismissal. Unless the employee was reasonably dismissed, he or she can claim unfair dismissal.

4.2 Regardless of length of service, it is an inadmissible reason (and automatically unfair) to dismiss any employee for:

• Being pregnant, giving birth or taking advantage of statutory maternity rights. (See Rights for working parents and carers.)An employee who fails to return to work after maternity leave will be held to have terminated her own employment (unless the leave is extended on medical grounds).
• Carrying out (or proposing to carry out) functions as an appointed or elected safety representative or member of a safety committee.
• Carrying out (or proposing to carry out) functions as an employee representative.
• Pointing out or reacting to imminent risks to health and safety.
• Membership (or non-membership) of a trade union, or for taking part in the activities of an independent trade union. It is unwise to dismiss a shop steward, for any reason, without first discussing it with a full-time union official.
• Carrying out (or proposing to carry out) functions as a pension scheme trustee.
• Questioning or challenging your apparent disregard for statutory employment rights.
• Reporting superiors or colleagues for illegal or dangerous activities to an internal or external authority ('whistleblowing').
• Jury service.

4.3 Regardless of length of service, it is unlawful to dismiss any employee on the grounds of:

• Sex or marital status.
• Race, nationality or national or ethnic origins.
• Sexual orientation, actual or perceived.
• Disability - this may include a physical or mental illness likely to last at least a year.
• Religion or philosophical belief.
• Age (unless the employee is being retired and age discrimination rules are followed (see 3.2))

4.4 An employee with the requisite service may resign and claim unfair constructive dismissal if your conduct as an employer has breached a fundamental term of the employment contract. This might include anything that makes it impossible or intolerable for the employee to continue doing the job.

• Cutting (or attempting to cut) an employee's salary or other contractual benefits.
• Transferring an employee to a different job or location in the absence of any express or implied contractual right to do so.
• Subjecting a supervisor or manager to unwarranted public abuse or criticism.

4.5 Dismissing employees in connection with the purchase, sale or transfer of a business is usually unfair under the 'TUPE' regulations.

You cannot dismiss employees unless you have a sound economic, technical or organisational reason requiring a change.

• Dismissing an employee to facilitate the sale of a business is likely to be unfair.