What are the five fair reasons for dismissal?

This includes both types of capability – medical and performance related – so there are a few things to consider when using ‘capability’ as grounds for dismissal.

In cases of ill health, you should particularly consider the following:

• Can the employee be supported? Can reasonable adjustments be made?
• Can you allow time for the employee to recover?
• How long has the employee been off for?
• Do you fully understand the employee’s condition (treatment and prognosis) and have you obtained reports from the appropriate professionals?
• Can you offer alternative arrangements such as reduced hours, other roles, or flexible working?

In cases where performance of a role is in question, it is necessary to follow a formal warning process, where performance plans, necessary training and coaching are offered to help address the situation alongside a formalised disciplinary process.

A more unusual ground, illegality refers to a dismissal necessary because their continued employment would be illegal – such as when employing an individual whose permission to work in the country has expired, or where an employee hired to drive receives a ban.

It must be noted that formal dismissal procedure must still be followed – for example considering if a driver can be accommodated in an office position, or is the employee whose work permissions have expired likely to be able to resolve the issue in a reasonable time (assuming they have satisfied themselves that a valid application to extend has been submitted and has preserved the right to work pending determination). Remember that fairness and reasonableness are always your key factors in any dismissal situation and attempt to be flexible where possible and fair.

You can dismiss an employee if they have committed some form of misconduct, for example persistent lateness or unauthorised absence from work, if they have received a series of appropriate warnings first. You should include examples of actions that you consider to be misconduct in your disciplinary rules so that employees are aware of them. The warnings must state a timeframe and should always contain a right to appeal against the decision.

You must spell out that if they fail to improve, they will move to the next stage of the disciplinary process.

In cases of serious misconduct (for example, actions that have or are likely to cause serious harm to your organisation), you can issue a single ‘first and final’ written warning.

For cases of gross misconduct, which can include physical violence, theft or falsification of records, you can dismiss the employee immediately even if they have not received any previous warnings, providing you still follow a fair process.

Redundancy is a different type of dismissal in that it is the role, rather than the employee that is no longer required and, in the absence of finding suitable & alternative employment for the individual, this results in their dismissal. Redundancy is not a reason you should rely on unless there are specific organisational requirements that need to be met, such as:

• The organisation is ceasing trading.
• There is insufficient work to justify retaining all staff (such as during periods of recession).
• There is a specific job or series of jobs which can no longer be supported due to a reorganisation or relocation of the business.

Redundancy can only take place following the appropriate consultation, the length of which depends on the number of potential redundancies. For fewer than 20 redundancies, this will be over a reasonable period. For 20 + redundancies within 90 days at a single establishment, there should be at least a 30-day consultation period and for 100 + redundancies, the period should be a minimum of 45 days. Always remember that you are terminating the role and not the individual.

A purposefully widely defined reason, the SOSR category of dismissal is for any other reasonable dismissal that does not fit within one of the other categories. These include reasons such as the expiration of a temporary or fixed-term contract or where your client has stated that they are no longer willing to have your employee on their premises.

It still must the case that you have taken all reasonable steps, for example made every rational effort to accommodate the employee or reform problematic behaviour. While the SOSR category is widely defined, it nevertheless requires proper evidence that the dismissal is fair.