Fair reason for dismissal
Misconduct dismissal You can be dismissed for ‘gross misconduct’ without your employer going through the normal disciplinary procedures. This can happen if, for example, you are violent towards a colleague, customer or property.
Your employer should always investigate the circumstances before making a dismissal, even in possible gross misconduct cases.
Capability Dismissal You may not be able to do your job properly if, for example, you:
- haven’t been able to keep up with important changes to your job – e.g. failure to understand a new computer system
- can’t get along with your colleagues
Before taking any action, your employer should, depending on the circumstances, follow disciplinary procedures or give you a chance to improve
Qualification Dismissal You can be dismissed if continuing to employ you would break the law – eg if you are a lorry driver and you lose your driving licence
Some Other Substantial Reason for Dismissal You may be dismissed fairly if for example:
- you unreasonably refuse to accept a company reorganisation that changes your employment terms;
- you are sent to prison
Unfair Procedure Followed Before Dismissal
Please note generally you only have the right to pursue a claim for unfair dismissal if you have been employed for 2 years or longer.
Your employer must be able to prove that there is a genuine reason for your dismissal after 2 years of continuous service and that they have acted fairly and followed a fair procedure.
If they have not, you may have a claim for unfair dismissal.
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