02: Unfair dismissal

An employee meeting the eligibility conditions for the right can only be dismissed for a ‘fair’ reason, which is a reason related to that employee’s capability or conduct, to comply with statute law or for ‘some other substantial reason’ justifying the dismissal. There are some dismissals termed ‘automatically’ unfair dismissals that can be pursued through the tribunals even if the service eligibility conditions (see below) have not been met. These include dismissals for reasons connected with the employee’s pregnancy, because the employee has attempted to enforce a statutory right, is on trade union or health and safety grounds, is striking during the 12 week protected period of the strike or on whistleblowing grounds. To avoid liability for unfair dismissal, the employer must not only dismiss only for fair reasons, but must have acted reasonably in treating that ‘fair’ reason as a ground for dismissal.Last Updated