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ARTICLE · 21 FEBRUARY 2020

Unfair Dismissal: Whose Reason Is It Anyway?

Wrigleys Solicitors LLP
Wrigleys Solicitors LLP
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Wrigleys Solicitors LLP

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In an unfair dismissal claim, the employer must show that the reason, or if there is more than one reason

United KingdomEmployment and HR

When the decision-maker's reason for dismissal is not the real reason.

In an unfair dismissal claim, the employer must show that the reason, or if there is more than one reason, the principal reason for the dismissal was one of the five potentially fair reasons (capability, conduct, redundancy, breach of a statutory duty or "some other substantial reason"). The tribunal will make findings about the facts which were known to the employer and the beliefs held by the employer which caused the employee to be dismissed.

Usually, the tribunal will only examine the knowledge and beliefs (at the time of the decision) of the individuals who make the decision to dismiss, for example the dismissing officer and person hearing an appeal.

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