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A dismissal will be automatically unfair if the sole or principal reason for dismissal is that the employee took or sought to take parental leave. In Hilton Foods Solutions v. Wright, the EAT has decided that this protection does not require the employee to have made a formal request. Communications about taking parental leave might reach a stage that could be described as having sought to take the leave. This will be a question of fact for employment tribunals. The takeaway point is that communications about taking parental leave (or other types of family-related leave) should not be a factor in dismissing someone, or taking other detrimental action. A formal request to take leave does remain necessary in order to actually take the leave (unless a qualifying agreement says otherwise).
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