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fair reasons for dismissal


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To defend a claim for unfair dismissal, an employer must be able to prove, in the first instance, that the dismissal was for a fair reason. There are currently eight potentially fair reasons for dismissal in UK law: (1) conduct, e.g. absenteeism, fighting, or theft; (2) capability or qualifications, including illness; (3) redundancy; (4) contravention of a statute, for example, where a driver cannot work because of loss of licence; (5) some other substantial reason (SOSR), for example, ending of a temporary contract, pressure from customers, or reorganization in the interests of efficiency; (6) engagement in official industrial action after the first twelve weeks of the action; (7) in connection with a transfer of undertaking where a valid technical, organizational or economic reason exists; and (8) fair mandatory retirement. Even if the reason for dismissal is fair, the actual dismissal may still be adjudged unfair because the employer failed to act reasonably in the circumstances. [See reasonableness.]

(1) conduct, e.g. absenteeism, fighting, or theft; (2) capability or qualifications, including illness; (3) redundancy; (4) contravention of a statute, for example, where a driver cannot work because of loss of licence; (5) some other substantial reason (SOSR), for example, ending of a temporary contract, pressure from customers, or reorganization in the interests of efficiency; (6) engagement in official industrial action after the first twelve weeks of the action; (7) in connection with a transfer of undertaking where a valid technical, organizational or economic reason exists; and (8) fair mandatory retirement.

Subjects: Human Resource Management.


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