Fair Reasons for Dismissal (UK)

In a complaint of unfair dismissal (or unfair redundancy or unfair constructive dismissal), the burden of proof is initially on the claimant (the employee) to establish that there was a dismissal. The respondent (the employer) then has to show that the dismissal was for a reason which is capable of being fair and must relate to the employee's

1. conduct

2. capability

3. redundancy

4. statutory ban

5. having reached retirement age (from 1st October 2006)

6. or "some other substantial reason"

The claimant might dispute that the real reason was one of these and may, in particular, seek to argue that the reason related to a protected right. If they were to show that the reason did relate to a statutory protected right, rather than a potentially fair reason above, the dismissal would be automatically unfair.

For instance, if an employee resigns due to not being paid their wages for a third week running, they may be able to succeed with a claim for automatically unfair constructive dismissal even without a year's service. A claimant dismissed in her first week of employment on grounds of pregnancy will almost certainly receive a substantial award.

Where the respondent can show that such a potentially fair reason for dismissal did exist, however, the tribunal must then decide whether their action in dismissing fell within the range of responses that a reasonable employer might adopt.

This is different from any opinion the tribunal might itself have about the fairness of a dismissal. There is no burden of proof on the question of fairness, it being a neutral question for the tribunal.