What is a fair dismissal?

In a claim to an employment tribunal the employer has to show that the reason for the dismissal, or the principal reason if there is more than one, was one of the statutory fair reasons under the Employment Rights Act.

These are because:

• of the capability or lack of qualifications of the employee for performing work of the kind which he or she was employed to do,
• of the employee's conduct
• the employee's job was redundant
• continued employment would have meant that the employer or employee would have been breaking the law.

If the genuine reason for your dismissal is not listed above, but there was some other substantial reason that justified the dismissal, then it can still be a fair dismissal. As of 2011 retirement is no longer a lawful reason for dismissal.