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Dismissals must be fair and reasonable in order to comply with employment law.
There are five potentially fair reasons for dismissal:
- capability or lack of qualifications
- statutory restriction – for example if the role includes driving and the employee has their driving license suspended
- some other substantial reason. This includes reasons that may be potentially fair but are not covered by the other four categories. An example might be breakdown of trust and confidence.
In addition to the reason for the dismissal being fair the process for carrying out the dismissal must also be fair.
I can provide all the information you need to help you ensure that if you do find yourself in a situation where a dismissal is necessary a fair and reasonable process is followed.