Dismissal

Ashok Kanani

Editor's message: Before dismissing any employee, employers need to make sure that they have grounds falling within one of the potentially fair reasons, set out in s.98 of the Employment Rights Act 1996.

The five potentially fair reasons for dismissal are:

  • a reason relating to the capability or qualifications of the employee;
  • a reason relating to conduct;
  • the employee was redundant;
  • the employee could not continue to work in the position that he or she held without contravention of a statutory duty or restriction; and
  • some other substantial reason capable of justifying dismissal, for example where an important client refuses to have an employee back on site.

However, employers should also be aware that, even where there is a potentially fair ground for dismissal, it must also be fair in the circumstances.

Ashok Kanani, Employment law editor

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