Fair Dismissal

Once an employee has been employed for more than 2 years continuous service they have unfair dismissal protection and the employer will have to have one of 5 potentially fair reasons in order to dismiss them. In addition any dismissal will have to follow a reasonable process and be fair in all of the circumstances.

Current Employment Law provides various headings” to “Employment law provides 5 potentially fair reasons under which an employer may dismiss an employee. The employer must be able to show that the reason for dismissal falls within one of the following 5 categories:-

(a) The CAPABILITY or QUALIFICATION of the employee including ILL HEALTH
(b) The CONDUCT of the employee.
(c) The employee is REDUNDANT.
(d) The employee could not continue in his or her post without breaking the Law of the Land. (CONTRAVENES A LEGAL REQUIREMENT).
(e) SOME OTHER SUBSTANTIAL REASON justifying dismissal.

In all cases it is up to the employer to show that his action in dismissing is reasonable in the circumstances.

This last requirement emphasises the need for a formal procedure to be followed, and such areas as previous warnings, the employee's opportunity to explain his or her side of the alleged incident, and so on, will have a significant impact on the way in which an employment tribunal views an employer's actions.

In the linked sections, the five key reasons for dismissal are explained in more depth, and employers should follow the guidance provided, and in the case of the slightest doubt should contact the Federation Offices for advice and assistance in coming to the correct decision.