Chapter 9 Key facts checklists

Unfair dismissal

Once employees have proved that they were qualified to bring a claim for unfair dismissal (see the next section of this chapter) and were dismissed (see the previous chapter), the employer must show the reason for the dismissal.
The employer must demonstrate that the reason for the dismissal relates to capability or qualifications, conduct, redundancy, a statutory ban, or some other substantial reason of a kind to justify the dismissal. There are certain reasons such as pregnancy that are automatically unfair.
Capability is assessed by reference to 'skill, aptitude, health or any other physical or mental quality'.
Misconduct is a potentially fair reason for dismissal, but the employment tribunal will decide whether dismissal was a reasonable course of action, taking into account all the circumstances. It should be noted that gross misconduct is not required (compare wrongful dismissal in the previous chapter).
'Some other substantial reason' is a category that gives tribunals the discretion to accept as fair, reasons that have not been defined by statute, such as reasons arising out of the reorganisation of a business or pressure from customers on the employers to sack an employee.