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 dismissal could open the door to a disability discrimination claim; reasonable workplace adjustments and alternative roles should be explored prior to dismissing an employee.
• Misconduct Dismissal → the conduct of the employee is the reason for the dismissal here. This can cover a wide range of activities from minor misconduct such as persistent tardiness and poor timekeeping to gross misconduct, for example, harassment and theft. If an employee is found to have committed gross misconduct it will result in their summary dismissal whereby the employer can dismiss the employee without notice.
• Redundancy → if there is a necessity for the employer to reduce their workforce, an employee can be made redundant and dismissed from their position. There can be various reasons for redundancy such as businesses closing down or relocating, cutting costs, business reorganisation or technological advances rendering jobs unnecessary. Provided that employers follow the correct procedures governing redundancy, which includes a consultation process, then this is a fair reason for dismissal.
• Breach of a Statutory Duty → if it becomes illegal or a statutory breach for employees to continue working within their position then employers can fairly dismiss them. For example, if a professional driver is disqualified from driving an employer can dismiss him or if an employee’s right to work within the country expires.
• Some other substantial reason → this category comprises any other fair and reasonable reason for dismissal that do not fit within the other four categories. There is no legal definition for this fifth category however examples can include when a fixed-term employee’s contract term expires or if a client refuses to work with the employee and there is no other work that the employee can undertake. Employers must be careful that this final category is not treated as a ‘catch all’ reason for dismissal; dismissals should always be fair and reasonable.

Legal Island Training Resources for Your Staff

HR Toolkit | eLearning Course

Are you responsible for overseeing the implementation of training for all employees in your organisation? Legal Island has created an HR Toolkit that aims to provide comprehensive training to assist HR professionals in supporting line managers and employees throughout the employee journey. The suite of courses will offer practical advice to assist you in updating your processes and procedures and help you understand your legal obligations.

Click here to view our HR toolkit.