Should an employee make a claims unfair dismissal, the employer must show that it had a potentially fair reason for dismissing the employee and furthermore, that it acted reasonably in all the circumstances in dismissing for that reason.
The potentially fair reasons for dismissal are;
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capability;
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conduct;
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redundancy;
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contravention of a statutory duty or restriction;
or, if none of these apply, “some other substantial reason of a kind such as to justify the dismissal of an employee holding a position which the employee held”.
Here are some examples of dismissals that might be held to be for “some other substantial reason”:
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the non-renewal of a fixed-term contract – such as relating to an employee recruited for maternity leave cover
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the dismissal and re-engagement of an employee to impose new contractual terms and conditions that the employee has refused to agree
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a dismissal because of a personality clash between employees that make it impossible for them to work together
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the dismissal of an employee where there are concerns relating to the safeguarding of children or vulnerable adults, but where the employer does not have grounds for a misconduct dismissal
Even where a dismissal is potentially fair for “some other substantial reason” employers must ensure they follow a fair procedure and act reasonably in dismissing the employee for that reason, whilst taking into account all the circumstances.
For more information or to book an HR consultation please contact Karen Scott on 07762 629 448 or get in touch by clicking here.
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