Dismissal for Asserting a Statutory Right
Key points § Sections 104 and 105 of the Employment Rights Act 1996 protect employees who are dismissed (or selected for redundancy) for complaining that their employer has infringed one or other of their statutory rights in employment. The dismissal of an employee in such circumstances will be treated as automatically unfair if the reason for it (or, if more than one, the principal reason) was that the employee: a. had brought proceedings against his (or her) employer to enforce a right of his that is a relevant statutory right; or b. alleged that the employer had infringed a right of his (or hers) that is a relevant statutory right . Furthermore, an employee dismissed in such circumstances may present a complaint of unfair dismissal to an employment tribunal regardless of his (or her) age or length of service at the material time ( ibid. sections 108 and 109). § It is as well to point out that such a dismissal will be treate...