Unfair Dismissal/potentially fair and automatically unfair reasons for dismissal-key card

Key Points

  • A claim for unfair dismissal can be defended by the employer showing that the reason for the dismissal was a potentially fair reason.
  • In order for any dismissal to be fair, the reason for the dismissal must fall within one of the four potentially fair reasons set out in section 98(2) of ERA 1996, or be “some other substantial reason justifying dismissal”.
  • An employee can also bring a claim that his dismissal was unfair because the reason for dismissal was an automatically unfair reason.
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