A dismissal occurs when an employer terminates an employee’s contract of employment for one of the following potential reasons:
- a reason related to capability or qualifications;
- a reason related to the conduct of the employee;
- that the employee’s position was redundant;
- that the employee could not continue to work in the position which he or she held without contravention (either on the employee’s part or on that of the employer) of a duty or restriction imposed by or under an enactment;
- some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which that employee held;
The above can be viewed as potentially fair reasons for dismissal; therefore dismissal for a reason other than that specified above is automatically unfair, for example, dismissal on the grounds of pregnancy, or for asserting a statutory employment right.
However, in order to demonstrate that a dismissal is fair an employer must also follow the minimum Statutory Dismissal and Disciplinary Procedure and show that they acted reasonably in dismissing the employee for that reason. In other words, an employer must ensure that the reason for the dismissal is one of the five specified above and that the decision to dismiss was reasonable based in all the circumstances, including the completion of a fair procedure.
Employees - Unfair dismissal
Employers - Dismissal