The circumstances in which an employment relationship ends are rarely straightforward. Whilst we are familiar with viewing dismissals through the lens of conduct, capability, redundancy or contravention of a statutory duty the law recognises that there are legitimate reasons to dismiss an employee that do not fall within these categories.

When determining whether a dismissal is fair or unfair the starting point is Article 130 of the Employment Rights (Northern Ireland) Order 1996 which lists the potentially fair reasons for dismissal. However, an employer may dismiss outside these reasons if the reason for the dismissal is “some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.”

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