Despite the very best efforts of an employer there will, in all likelihood be a situation where an employee will make a claim for unfair dismissal. Thanks to the increase in service requirements and the introduction of Employment Tribunal fees, there has been a reduction in claims.
That trend is unlikely to last forever.
If you find yourself in the situation of defending such a claim advice from a qualified and experienced lawyer will be essential.
There are 5 potentially fair reasons to dismiss an employee. Even where one of those reasons genuinely exists, it will still be necessary for your organisation to show that it acted reasonably in treating the reason as a fair reason to dismiss.
At the very least a fair procedure will be necessary in order to convince an Employment Tribunal that you acted reasonably. The appropriate procedure will depend on the reason for dismissal.
The 5 potentially fair reasons for dismissal are:-
- Capability and qualifications
- Some other substantial reason
If you are contemplating any dismissal, early advice can save considerable pain, time and costs in the long term.