4.1 INTRODUCTION

• Fair dismissal: an employer may dismiss for a fair reason where the correct procedure is followed.
• Unfair dismissal: after the normal qualifying period stated in the material, an employee may complain to an Employment Tribunal.
• The material states a normal 2-year qualifying period, while certain inadmissible reasons allow a claim without that period.
• Tribunal remedies may include compensation, reinstatement or re-engagement.
• Inadmissible reasons are grounds on which dismissal will be treated as automatically unfair.

4.2 MEANING OF DISMISSAL

• Dismissal means termination of the employment contract by the employer, with or without notice.
• Constructive dismissal occurs where the employer behaves in a way that forces the employee to resign.
• Examples in the material include an entirely new job, a significant change in duties, or other employer action intended to force resignation.

4.3 FIXED-TERM CONTRACTS

• Dismissal at the end of a fixed-term contract can give rise to an unfair dismissal claim.
• Where there is a succession of short-term contracts, cumulative service may count towards the qualifying period.

4.4 WRITTEN STATEMENT OF REASONS FOR DISMISSAL

• An employee with 2 years’ continuous employment at effective termination may request written reasons.
• The employer must provide the statement within 14 days of the request.

4.5 FAIR REASONS FOR DISMISSAL

• Capability or qualifications: e.g., incompetence, lack of required qualifications or inability to do the job due to sickness, subject to appropriate training/supervision and fair procedure.
• Conduct: e.g., serious misconduct, persistent lateness, persistent absenteeism or conduct outside work that reflects badly on the company.
• Redundancy: genuine redundancy must exist, and selection must be fair.
• Legal prohibition: e.g., a driver loses the licence or physical ability needed to perform the job; employers should consider alternative employment where possible.
• Retirement: the material explains that compulsory retirement requires objective justification.
• Other substantial reasons: other substantial business/personnel reasons may be fair depending on the circumstances.
• Revision summary in the material lists six broad headings, despite the preceding text describing five broad statutory categories: capability/qualifications, conduct, redundancy, legal prohibition, retirement and other substantial reasons.

4.6 INADMISSIBLE REASONS FOR DISMISSAL

• Trade union membership or refusing to join a trade union.
• Taking part in activities of an independent trade union at an appropriate time.
• Acting as an employee representative.
• Dismissal based on sex, race, religion, sexual orientation, disability or age.
• Pregnancy or reasons connected with pregnancy.
• Health and safety activities, including carrying out safety representative duties, raising dangerous conditions, or leaving/refusing to return in circumstances of imminent danger.
• Asserting statutory employment rights.
• Refusing to work in contravention of Working Time rules.
• A claim for dismissal on an inadmissible reason can be made without the normal 2-year qualifying period.

4.7 UNPROTECTED EMPLOYEES

• The material lists persons working under contracts for services, such as independent contractors/freelance agents.
• Those who ordinarily work outside Great Britain.
• Members of the police force, armed forces and share fishermen.
• Employees who have not completed 2 years’ service, subject to the exceptions for automatically unfair reasons.

4.8 DISMISSAL OF A REPLACEMENT

• A temporary replacement covering medical suspension or maternity leave may be unfairly dismissed unless informed in writing when engaged that the employment may end when the original employee returns.

4.9 DISMISSAL DURING AN INDUSTRIAL DISPUTE

• Employees taking part in lawfully organised industrial action receive the protection described in the material.
• If dismissed within 12 weeks of protected action starting, the dismissal is treated as unfair.
• After 12 weeks, dismissal may still be unfair if the employer has not taken all reasonable steps to resolve the dispute.
• Workers taking part in unlawfully organised action, such as a wildcat strike, have no such protection under the material.

4.10 CLOSED SHOPS

• A closed shop is a workplace where all employees are required to belong to a specified trade union.
• The material states that closed shops are unenforceable, and attempts by employers or trade unions to enforce them can attract penalties.