Fair reasons for dismissal
If your employer dismisses you they must have a fair reason for their action, eg because of your conduct at work. Find out more about what fair reasons for dismissal are, and what your employment rights are if you are dismissed.
If your employer has dismissed you because of your conduct, it usually means you have broken one or more of the terms of your employment. For example:
- continually missing work
- poor discipline
- drug or alcohol abuse
- theft or dishonesty
Your employer should follow a fair disciplinary procedure before dismissing you for misconduct.
- Disciplinary procedures
Your capability or ability to do your job
If your employer has dismissed you for your capability it may mean that you arent performing to the required standard or that you can't do your job properly, including because you don't have the right qualifications. For example:
- you haven't been able to keep up with technological changes to your job (eg introduction of computerised systems)
- you can't get along with your colleagues
- long-term or persistent illness makes it impossible for you to do your job
Your employer should make sure you are given adequate training to do your job. If you're performing poorly, you should usually be warned that your work isn't satisfactory and given a chance to improve before any action is taken.
If you are persistently off sick (or on long-term sick), your employer should normally look at any alternatives before deciding to dismiss you. For example, they might have to consider whether the job itself is making you sick and needs to be changed.
You can still be dismissed if you are off sick.
Your employer would normally be expected to allow a reasonable amount of time for you to recover from your illness. The actual amount will depend on things like:
- how long it will take you to recover
- how certain it is that you will recover (with some illnesses, like broken bones, it is clear how long it will take but with something like stress it can be uncertain)
- how easy it is to get cover for your job
- whether your job can be kept open
If you have a disability (which may include long-term illness), your employer has a legal duty to try to find a way round the problem. They must make 'reasonable adjustments' to how and/or where you work. Dismissal because of a disability may be unlawful discrimination.
- Disability discrimination at work (disabled people section)
Redundancy is a type of dismissal. Redundancies take place when there is no longer enough (or any) work for an employee at a company. If you are being made redundant then your employer has several responsibilities towards you to make sure you are dismissed fairly.
- Redundancy and leaving your job
If your employment contract ends because you are retiring this is a type of dismissal. In order for retirement to be a fair dismissal your employer must follow the legal retirement procedure. This means you must have at least six months' notice of retirement. If you want to continue working past retirement then your employer must consider your application.
If your employment has endedor will end before the retirement age set out in your employment contract, it cannot be classed as retirement.
- Retiring from a job: introduction
A statutory restriction
Your employer can dismiss you if continuing to employ you would break the law - for example, if you are a driver and you lose your driving licence. Your employer would be expected to tryto find other suitable work for you before choosing to dismiss you.
Another substantial reason
The emphasis here is on 'substantial'. 'Another substantial reason' applies to a situation where your employer has an overwhelming reason why you must be dismissed. They would be expected to look at any alternatives before choosing to dismiss you. Reasons that have previously fallen into this category include:
- an unresolvable personality clash between you and a co-worker
- if the business moves to another location, or if it's taken over, and it isn't possible to employ you because of economic, technical or organisational reasons
- unreasonably refusing to accept a company reorganisation that changes your employment terms
- Relocation of work
- Changes to employment contracts
- Employment protection during business transfers and takeovers
This content is subject to Crown Copyright