Health and Safety Dismissal

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Automatically Unfair Dismissal

Dismissal for health and safety reasons is an automatically unfair reason.  You don’t need two years service to claim automatically unfair dismissal. You can sue from your first day at work. There are several automatically unfair reasons for dismissal. It works like this. Usually in a dismissal case, the Employment Tribunal (ET) will go through the following steps:

1 Check whether the reasons for your dismissal falls within one of the potentially fair reasons for dismissal in Employment Rights Act 1996 (ERA 1996) section 98 (1)(b) and 98(2).