What are the five potentially fair reasons to dismiss someone?
Under the Employment Rights Act 1996, there are five potentially fair reasons for dismissal, which are:
- Capability or qualifications;
- Conduct (for example, the employee has stolen from the employer or shown violence);
- Breach of a statutory duty or restriction; and
- Some other substantial reason. For example, a personality clash between employees that makes it impossible for them to work together.
There is a degree of overlap within these examples. The employee may find that the employer tries to justify the dismissal using a combination of the reasons. Once the employer established a fair reason for the dismissal, the tribunal must decide if the employer acted reasonably.