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Fair or Unfair?

Key Points

  • In unfair dismissal cases, tribunals will apply a two-stage test when determining whether a dismissal is fair or unfair.
  • At the first stage, the employer must provide evidence to show that employee was dismissed for one of the four reasons set out in the statute (concerned with conduct, capability, redundancy or breaking the law) or "some other substantial reason".
  • The tribunal then moves to the second stage and must determine whether the employer acted reasonably.

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