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Unfair Dismissal

Key Points

  • There are a number of circumstances where a dismissal in connection with an employee’s consultation rights will be unfair.  For example, see:
    • Health and Safety at work/unfair dismissal
    • Pensions/unfair dismissal of employee trustee
    • Unfair dismissal//employee representatives
    • Consultation with employees/EC Works Council Directive
    • Consultation with employees/Information and Consultation Regulations 2004
  • In addition, a trade union related dismissal can be unfair if the reason or principal reason for the dismissal:
  • relates to a prohibited blacklist under the blacklisting regulations 
  • relates to certain activities connected with trade union recognition 
  • is that the employee took protected industrial action
  • and/or
  • is on grounds related to trade union membership, trade union activities or trade union services, as set out in more detail in this card.

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