What are the Potentially Fair Reasons for Dismissing an Employee?

Posted in : First Tuesday Q&A NI on 6 September 2023
Chris Fullerton
Arthur Cox NI
Issues covered: Dismissals, Capability, Misconduct, Redundancy, Breach of a Statutory Duty

Within the workplace, dismissals can be unavoidable – however, the key thing for employers to remember is to ensure any dismissal carried out is for a fair reason. According to Article 130 of the Employment Rights (Northern Ireland) Order 1996, there are five potentially fair reasons for dismissal.

  • Capability Dismissal → the reason for dismissal in this instance is related to an employee’s performance of the work for which they were employed to do. The inability to perform could be related to their capability, qualifications or even their health if it is causing persistent or prolonged absence for example. In regard to the latter, employers should be careful as an ill-health related

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Back to Q&A's This article is correct at 06/09/2023

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

View all articles by Chris Fullerton