Pendle Ltd dismissed four employees in the same month. Which dismissal is automatically unfair, so that Pendle Ltd cannot rely on any of the potentially fair reasons in s98 Employment Rights Act 1996?

Correct answer: D) A sales assistant dismissed because she joined an independent trade union and began recruiting colleagues as members

Explanation

The potentially fair reasons in s98 are capability or qualifications, conduct, redundancy, a statutory restriction (illegality), and some other substantial reason. The clerk's dismissal relates to capability, the driver's to a statutory restriction because he can no longer lawfully drive, and the operative's to conduct. Dismissal because of membership of, or taking part in the activities of, an independent trade union is automatically unfair (s152 Trade Union and Labour Relations (Consolidation) Act 1992). Even where there is a potentially fair reason, the tribunal must still decide whether dismissal was reasonable in all the circumstances.