Dismissals Types of dismissals Dismissals occur where: •
The employer terminates the contract.
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A fixed-term contract expires and is not renewed.
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The employee resigns because of the employer’s actions and, under the circumstances, is justified in doing so (see constructive dismissal on page 7).
Fair and unfair dismissal A dismissal may be fair or unfair, depending on the reason for dismissal and whether the employer acted ‘reasonably’ in the circumstances. You should bear in mind that employment tribunals follow previous legal decisions in deciding/defining what is ‘reasonable’. To dismiss an employee fairly, you must firstly have a fair reason for doing so. These designated reasons are: •
Capability or qualifications.
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Conduct.
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Illegality or a contravention of a statutory duty.
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Redundancy.
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Some other substantial reason (SOSR).
SOSR is a very wide category and is used to cover virtually every other possible reason. For example, an employee who refused to use computers when they were installed, despite training, was dismissed. This was said to be a valid reason to dismiss. SOSR is a very difficult area of employment law.
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