What are fair reasons for dismissal?

The below are potential fair reasons for the dismissal of an employee which include:

1. Misconduct

Dismissal due to misconduct usually means that the employee behaved in an unacceptable way. This may be because of a series of less serious incidents of misconduct. e.g.

• continually missing work;
• refusing to obey instructions; or
• single incident of gross misconduct.

It is vital that you follow a fair disciplinary procedure before dismissing your employee for misconduct/gross-misconduct

2. Capability

Capability refers to two areas:

Poor Performance
This is where the employee is not meeting the standards of the post they are employed to do. This may be due to the employee lacking the necessary skills and aptitude required for the post. The employer will need to determine whether the problem is a result of the employee being unable to do their job (capability) or choosing not to do their job (misconduct – see above).  You should make sure you give your employee adequate training to do their job.

If the employee is not performing to the required standard, you should make sure that you follow a capability procedure. The employee should be warned that their work isn't satisfactory and be given a chance to improve before any action is taken.

Health-related Poor Performance
Health related matters might also impact on an employee’s ability to perform their role. It is expected that in such circumstances the employer will respond sensitively. This may include seeking permission to obtain a medical report for deciding what further action should be taken.

3. Redundancy

Redundancy is a type of dismissal. Redundancies take place for a number of reasons including a lack of work for a particular role, insufficient funding or changes in organisational requirements which may affect staffing needs.
It is important to ensure that the reason for redundancy is fair and also that a sufficient consultation process takes place with your employee(s).

4. Continual employment would be against the law

e.g. where a work permit has expired.