Fair Dismissal

A fair dismissal of an employee arises when the employer has followed all the relevant statutory procedures and has a fair reason for dismissing the employee. Under the Employment Rights Act 1996, there are several potentially fair reasons for dismissing an employee, which are summarised below:

Their inability to carry out their duties, or lack of qualifications
The fact that it has become illegal for them to work in their current role, or for the employer to continue to employ them
Some other substantial reason

If the dismissal was due to one of the points listed above, the employment tribunal may find that a fair dismissal occurred.

The type of misconduct which might allow an employer to dismiss his employee includes fighting, dishonesty, sexual harassment, etc. As a general rule, for an employment tribunal to return a finding of fair dismissal on the grounds of the employee’s misconduct, the misconduct must take place within the employment.

If an employer wishes to dismiss an employee due to a lack of qualifications, the qualifications required by the employer must be specific and relate to the employee’s job.

The overall approach taken by employment tribunals when considering whether a fair dismissal has arisen is one of reasonableness. They will consider whether the employer has acted reasonably in arriving at their decision to dismiss the employee.

If you would like to obtain legal advice and information on how to ensure a dismissal of an employee is fair, or on bringing an unfair dismissal claim, Contact Law can put you in touch with a local specialist Employment Solicitor free of charge. So, if you have any questions or would like our help in finding local Employment Solicitors please call us on 0800 1777 162 or complete the web-form above.