Essential points

  • It is possible to dismiss someone fairly if they are incapable of doing their job properly or prevented by a long-term illness from doing their job, or they are redundant, or they commit ‘gross misconduct,' or for a statutory restriction, or for ‘some other substantial reason.'
  • A dismissal can be unfair if there is no good reason for it, or an organisation fails to follow legal requirements and its dismissal or disciplinary procedure when making it. 
  • A dismissal can be automatically unfair for several reasons, including for making a flexible working request, being pregnant or on maternity leave, being a trade union member, or for ‘blowing the whistle’. 
  • Constructive unfair dismissal occurs when an employee feels they have no choice but to resign and claim compensation because their employer has irretrievably broken their employment contract. 

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Disclaimer 

​Please note: While every care has been taken in compiling this content, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice. 

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