There are five fair reasons for dismissing an Employee and unless one of those reasons is followed, together with a fair procedure, then the dismissal will be an unfair dismissal.  In addition, if an Employer does not give the required period of notice under the Contract of Employment then there can be a claim for wrongful dismissal or unfair dismissal.

How to dismiss an Employee fairly?

Whilst most Employees need a qualifying period of two years before they can bring a claim for unfair dismissal there are other rights that accrue on day one.  These include dismissals connected with pregnancy or childbirth, whistleblowing, asserting a statutory right and acts of discrimination. 

There must be a fair reason for the dismissal.  There are five fair reasons which are:-

• This could be a single act of Gross Misconduct or a series of more minor acts.

• Capability or qualifications. This includes ill health, poor performance or a lack of formal qualifications.

• When a redundancy procedure is correctly followed it is a fair reason for dismissal.

• If it becomes illegal to employ someone (for example because of their right to work in this country) then it is possible to fairly dismiss them.

• “Some other substantial reason”. This is a catchall category.