Payroll engines, rota software and holiday trackers make thousands of small decisions about pay, hours and leave. When one gets it wrong, the employee who points it out may be the one seen as difficult. The Employment Rights Act 1996 treats the dismissal of an employee for asserting certain statutory rights as automatically unfair, whether or not the employee turns out to be right, provided the claim was made in good faith. This page sets out that rule in Great Britain. It is for employees and employers.
The short answer: dismissal is automatically unfair if the reason, or principal reason, is that the employee brought proceedings to enforce a relevant statutory right, or alleged that the employer had infringed one (s104(1)). It does not matter whether the employee had the right or whether it was infringed, as long as the claim is made in good faith (s104(2)), and the employee does not need to name the right (s104(3)). No qualifying period of employment is needed (s108(3)(g)).
What the employee must have done
An employee who is dismissed is regarded as unfairly dismissed if the reason, or principal reason, for the dismissal is that the employee (s104(1)):
- brought proceedings against the employer to enforce a right of theirs which is a relevant statutory right; or
- alleged that the employer had infringed a right of theirs which is a relevant statutory right.
It is immaterial whether the employee has the right or whether it has been infringed, but the claim to the right and that it has been infringed must be made in good faith (s104(2)). It is enough that the employee, without specifying the right, made it reasonably clear to the employer what right they claimed had been infringed (s104(3)). An email saying that the holiday tracker has cut leave below the legal minimum, or that the payroll system has docked wages for no reason, can be enough, without citing any section.
Which rights count
The relevant statutory rights are (s104(4)):
- any right conferred by the Employment Rights Act 1996 for which the remedy is a complaint or reference to an employment tribunal, which includes the rights not to suffer unauthorised deductions from wages and to receive an itemised pay statement;
- the right to minimum notice under s86 of that Act;
- rights under ss68, 86, 145A, 145B, 146, 168, 168A, 168B, 169, 170 and 236A of the Trade Union and Labour Relations (Consolidation) Act 1992, covering deductions of union subscriptions, union membership and activities and time off for union duties and activities;
- rights under the Working Time Regulations 1998 and the equivalent working time rules for certain transport and fishing workers; and
- rights under the Transfer of Undertakings (Protection of Employment) Regulations 2006.
The list in s104(4)(c) was extended by the Employment Rights Act 2025, with sections 168B and 236A added in 2026; check the current text for the latest version.
Redundancy selection and qualifying period
Where an employee is selected for redundancy and the reason, or principal reason, for selecting them was one of those in s104(1), the dismissal is also unfair (s105(7)). The usual qualifying period for unfair dismissal does not apply to a dismissal under s104 (s108(3)(g)). This matters when a scoring tool or a manager uses complaints, grievances or "attitude" as a factor in choosing who goes. See redundancy selection and unfair dismissal for the general rules, including time limits.
Practical steps
- Employees: raise the problem in writing, say what you think the system got wrong and which entitlement it affects, and keep a copy with the date. You do not have to quote the law, but you must believe in good faith that you have the right and it was infringed. For the underlying rights, see unauthorised deductions, holiday pay and working time limits.
- Employers: treat a challenge to an automated decision as a query to resolve, not a conduct issue. Keep records of what was raised and how it was handled, and do not let complaints feed into performance, scheduling or redundancy scores.
For raising health and safety concerns, see raising safety concerns about AI and robots; for reporting wrongdoing, see UK whistleblowing law and AI. These provisions extend to England, Wales and Scotland. This page is general information on the law in Great Britain as at 1 November 2026, not legal advice.
Questions and answers
Can I be dismissed for complaining that the payroll system underpaid me?
Dismissal is automatically unfair if the reason, or principal reason, is that you alleged the employer infringed a relevant statutory right, such as the right not to suffer unauthorised deductions from wages (Employment Rights Act 1996, s104). The claim must be made in good faith.
What if I was wrong about my rights?
It does not matter whether you had the right or whether it was infringed, provided the claim to the right and that it was infringed were made in good faith (s104(2)).
Do I have to name the law when I complain?
No. It is enough that you made it reasonably clear to the employer what right you claimed had been infringed (s104(3)).
Do I need two years' service?
No. The qualifying period does not apply to dismissal for asserting a statutory right (s108(3)(g)).