What are the five fair reasons for dismissal?

Employees who have been employed for two years or more are protected against unfair dismissal and, if they are dismissed they may bring a claim in the employment tribunal.

An employer may defend a claim for unfair dismissal by showing that it had a potentially fair reason for the dismissal and that it acted fairly in dismissing for that reason.

The five fair reasons

The first step therefore is to identify a potentially fair reason for the dismissal. If an employer cannot show that it had a fair reason then the dismissal is unfair. The five potentially fair reasons are:

misconduct
capability (this includes medical capability as well as ability to do the particular job)
redundancy (this has a specific legal meaning)
illegality (i.e. the employment is unable to continue without breaching the law e.g. due to change in immigration status or loss of driving license)
some other substantial reason (this is a “catch all” category for any other legitimate reason such as a break down in the relationship between the parties.)

Note that previous categories such as dismissal for retirement are no longer valid.

Even if the employer can point to one of the five potentially fair reasons for dismissal this does not mean that an employer will not win their claim for unfair dismissal. The employer must still have acted fairly in dismissing the employee for that reason, both in terms of following a fair procedure before the dismissal (procedural fairness) and in dismissing for the reason given in the particular circumstances (substantive fairness).

Background

Before legislation was introduced in the 1970s, an employer could dismiss someone for any reason, or no reason without any legal consequences. Parliament decided that this imbalance of power should not be allowed to continue as people’s jobs were so important to them, both economically and socially. Legislation to protect employees against being dismissed unfairly was passed and today the relevant statutory protections can be found in the Employment Rights Act 1996.

< Older Post Newer Post >

A man and a woman are giving each other a high five in front of a wind turbine.

UK Flexible Working Rights: Employees Gain More Control in 2024

By Marianne Wright • 05 Apr, 2024

Flexible working arrangements, such as hybrid work, flexitime, and compressed hours, have become increasingly desirable for employees looking to balance work and their personal lives. As of April 6th, 2024, UK employment law has undergone significant updates to empower employees with greater flexibility and control over their work lives.

a woman is writing on a tablet while using a laptop .

2024 Employment Law Updates: What You Need to Know

By Matthew Kilgannon • 20 Mar, 2024

Every April, the Government reviews and makes changes to employment laws, including a review of financial rates. Below we set out a summary of the proposed changes coming into effect in April and beyond.

A woman is giving a glass of water to a man.

Bullying in the Workplace – why we need a little R.E.S.P.E.C.T

By Marianne Wright • 19 Mar, 2024

Bullying in the workplace is a serious issue for workers (29% of whom will experience workplace bullying at some point1), and for employers (bullying is estimated to cost UK businesses £18 billion a year2 and to contribute to the loss of over 17 million working days each year3).

A man in a suit is sitting at a desk with a laptop and talking on a cell phone.

What witnesses should I call in an Employment Tribunal?

By Louise Maynard • 28 Feb, 2024

If you're an employee bringing a claim against your employer in an employment tribunal, you may be wondering who you should call as witnesses. Here are some things to consider when making your decision:

a man in a wheelchair is sitting at a desk with a woman standing next to him .

Protecting Employee Rights: UK Employment Law and Discrimination against Mental Health Conditions and Disabilities

By Marianne Wright • 20 Feb, 2024

In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law. Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.

a man is sitting at a desk in a dark room using a laptop computer. GDPR

Data Protection Breaches at Work: Legal Consequences for Employees

By Emily Kidd • 06 Feb, 2024

In an era of heightened data protection awareness and stringent regulations like the General Data Protection Regulation (GDPR), employees play a critical role in safeguarding personal data. This article explores the legal consequences that employees may face in the United Kingdom when implicated in data protection breaches at the workplace.

person holding up a mental health book and in a discussion

Well-being Initiatives and UK Employment Law Introduction

By Yeing-Lang Chong • 22 Jan, 2024

In recognition of the importance of employee well-being, employers in the UK are increasingly implementing well-being initiatives to support the mental health and overall well-being of their workforce. These initiatives, which can include employee assistance programs (EAPs) and wellness programs, aim to provide support, resources, and interventions that enhance employee well-being. This article explores the legal framework surrounding well-being initiatives in UK employment law and highlights the benefits and considerations for employers when implementing such programs.

Female employee getting harassed at work by a colleague

Combating Harassment: Employer Duties under UK Employment Law Introduction

By Marianne Wright • 19 Jan, 2024

Creating a safe and respectful work environment is a fundamental aspect of UK employment law. This article explores the legal obligations placed on employers to address workplace harassment, highlighting the measures they should take to promote a culture of respect and protect their employees' mental health.

Handling Mental Health Disclosures in the Workplace: Employer Obligations under Employment Law in England and Wales

By Emily Kidd • 04 Dec, 2023

In recent years, there has been increasing recognition of the importance of mental health in the workplace. Employment law acknowledges the sensitive nature of mental health disclosures and places obligations on employers to handle such disclosures with care, confidentiality, and without discrimination. This article explores the legal framework surrounding mental health disclosures in the workplace, emphasising the responsibilities employers have in safeguarding employee privacy and ensuring a supportive and inclusive environment.

GDPR Compliance in HR: Best Practices for Safeguarding Employee Data

By Emily Kidd • 04 Dec, 2023

The General Data Protection Regulation (GDPR) revolutionised the way organisations handle personal data, and for Human Resources (HR) departments in the United Kingdom, compliance is paramount. This article provides a comprehensive exploration of best practices for HR to safeguard employee data and ensure GDPR compliance in the workplace.

SPEAK TO CLIENT CARE NOW