What Is a Fair Reason for Dismissal?
The law recognises several potentially fair reasons for dismissal, including:
- Conduct, behaviour that breaches workplace standards
- Capability, inability to perform the job
- Redundancy, genuine reduction in workforce or role
- Statutory illegality, where continued employment would break the law
- Some other substantial reason (SOSR) legitimate business reasons not covered above
However, having a fair reason on paper is only half the story, the procedure you follow is equally important.
The Importance of Fair Procedures
A fair disciplinary or dismissal process generally includes:
- Clear, written allegations
- Appropriate notice of meetings
- Opportunity for the employee to respond
- Right to be accompanied
- Careful consideration before making a decision
- Appeal mechanism
Failure to follow a fair and reasonable process can lead to a tribunal finding that the dismissal was unfair even if the underlying reason might have been valid. For example, if an employer fails to allow an employee to present their side, or does not conduct a reasonable investigation, a tribunal may decide that the dismissal was procedurally unfair, regardless of the employer’s belief in the employee’s misconduct or performance issues.
Common Pitfalls Employers Should Avoid
- Skipping key stages of the disciplinary process
- Failing to investigate properly
- Not giving employees an opportunity to respond
- Ignoring requests for representation
- Making snap decisions without documented evidence
- Inconsistency in how similar cases are handled
Talk to Our Dismissal and Disciplinary Solicitors
We advise employers on a wide range of workplace issues relating to disciplinary action and dismissals. Whether you are managing allegations of misconduct, performance concerns, or disputes our solicitors provide clear, practical guidance to ensure your processes are fair, compliant, and defensible.
Contact IMD Solicitors on 0330 107 0107 or request a call back to arrange a consultation. We handle matters discreetly and are committed to protecting your interests at every stage.
Our dismissals and disciplinary solicitors are based in Manchester, London and Birmingham, supporting clients nationwide.