A dismissal occurs when an employer terminates an employee’s contract of employment for one of the following potential reasons:
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.See:
The Agency’s Enquiry Point is available to employers, employees, trade unions and others. Enquiry Point advisors provide information and advice on a wide range of employment matters. The Enquiry Point is also an important contact point for identifying circumstances, or clients, who would benefit from being referred to other Agency services.
The Enquiry Point provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.
While the advisors cannot provide a legal opinion they can help callers gain a better understanding of their rights and responsibilities as well as identifying possible options to help resolve their issues.