Employees have special protection from being dismissed for asserting their individual rights under employment legislation, such as, for example, their right to written information about their main terms or conditions of employment or their right to time off for union activities. The law makes it automatically unfair for a company to dismiss an employee, or select an employee for redundancy, because the employee has alleged that the company has not respected his or her rights. This is also the case if the employee has made a claim to an employment tribunal to enforce his or her rights. This protection applies regardless of the employee's age or length of service.
It is unfair to dismiss for this reason even if the employee did not actually have the right he or she was claiming, and even if the company had not in fact breached the employee's rights, as long as the employee was acting in good faith. It may therefore be fair to dismiss an employee for falsely alleging that the company has not respected his or her rights, if the employee knew when he or she made those allegations that they were false. Whether the dismissal of an employee in these circumstances is fair or unfair will depend on whether the company acts reasonably in reaching the decision to dismiss, including whether it follows a proper disciplinary process.
In order to be protected from dismissal, the employee does not have to specify exactly what right he or she is asserting. It is enough if he or she has made it reasonably clear to the employer what the right is. For example, the employee does not have to say, 'I allege that the company has made an unauthorised deduction from my pay, contrary to Part II of the Employment Rights Act 1996'. He or she can say, 'I don't think you have paid me all the overtime you owe me'.
Readers may wish to note that the discrimination legislation makes it unlawful for an employer to penalise an employee in any way for making or supporting a claim that the company has discriminated unlawfully (victimisation). In addition, there are specific legal provisions making it unlawful for an employer to penalise an employee for asserting various rights, including, for example, the right to family leave (maternity leave), (paternity leave and pay) (adoption leave), (parental leave), (time off for dependants) rest periods and paid holidays (working time regulations), and national minimum wage rates.