●    Dismissals with the correct notice period will be deemed fair at common law. Summary dismissals (without notice) may be fair where justified by the employer.

●    To avoid a successful claim of unfair dismissal, the employer should identify one of the potentially fair reasons to dismiss, conduct a reasonable investigation, and follow the Advisory, Conciliation and Arbitration Service (ACAS) code of practice in determining whether to dismiss/discipline the employee.

●    The Employment Rights Act (ERA) 1996 provides for ‘automatically’ unfair reasons to dismiss an employee. As such the tribunal does not assess the fairness of the employer’s decision to dismiss (as it would generally in cases alleging unfair dismissal).

●    The primary remedy for a wrongful dismissal is a damages payment, whereas the remedies for unfair dismissal include compensation (damages), reinstatement, and re-engagement.

●    Redundancy, a potentially fair reason to dismiss, occurs when an undertaking closes or where the employee’s labour becomes surplus to the needs of the undertaking.

●    Redundancy payments are calculated in the same way as the basic award in an unfair dismissal claim.

●    Employers have a duty to consult with the workforce or their representatives with regard to any possible collective redundancy situations.