Day: June 2, 2023

If an employee claims unfair dismissal, as the employer, you must show that you had a potentially fair reason for dismissing them and that you acted reasonably in all the circumstances in dismissing the employee for that reason. Under s.98 of the Employment Rights Act 1996, the potentially fair reasons for dismissal are capability; conduct; redundancy; contravention of a statutory duty or restriction; or, if none of these apply, “some other substantial reason” which would justify the dismissal of an employee. Even where a dismissal is potentially fair for “some…

Lack of capability, including when assessed with reference to health, is a potentially fair reason for dismissal under s.98 of the Employment Rights Act 1996. As an employer, you must show that you acted reasonably both in treating the long-term ill health as a sufficient reason for dismissing the employee and in the procedure adopted to effect the dismissal. When you are considering dismissing an employee on grounds of long-term ill health, you should investigate the prospects of the employee being able to return to work within a reasonable time…