For a dismissal to be fair, an employer must show both a legally recognised reason and that a fair procedure was followed.
There are five potentially fair reasons for dismissal: conduct, capability, redundancy, statutory restriction and some other substantial reason. However, having a valid reason alone is not enough. Employers must also carry out a reasonable investigation, hold a fair disciplinary or consultation meeting and offer the employee a right of appeal.
If a fair process is not followed, a dismissal can still be found unfair even where the underlying reason was justified. Ensuring your procedure is compliant helps protect your business from Employment Tribunal claims.
