Under the Employment Rights Act 1996, which of the following is considered an unfair dismissal?

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In the context of the Employment Rights Act 1996, a dismissal is deemed unfair if it occurs without a fair reason or without following a fair procedure. This means that an employer must have a valid reason for dismissing an employee, and they must follow a fair process when carrying out the dismissal. If an employee is terminated without any justifiable reason or proper procedure being followed, the dismissal can be challenged as unfair.

Other scenarios, such as dismissal due to redundancy, can be fair when conducted correctly and with proper justification. Similarly, dismissal due to gross misconduct is generally lawful if the employer has sufficient evidence and follows the necessary disciplinary procedures. Terminations following a probation period can also be legitimate if the employee's performance and conduct have been evaluated appropriately. However, it is the absence of a fair reason that makes option C the clear indicator of unfair dismissal according to the framework established by the Employment Rights Act.

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