ÀÏ˾»úÎçÒ¹¸£Àû

Reasons for dismissal ― generally

Produced by Tolley in association with
Employment Tax
Guidance

Reasons for dismissal ― generally

Produced by Tolley in association with
Employment Tax
Guidance
imgtext

Once it is established that a claimant has the right to bring an unfair dismissal claim ― in other words that he was an employee, he was dismissed, his claim was presented in time and he has the requisite continuous employment ― it will generally be for the employer to show:

  1. •

    what the reason or, if there was more than one, the principal reason was for dismissing the employee

  2. •

    that it was a potentially fair reason for dismissal

An employment tribunal will investigate the real reason for dismissal. The fact that the employer told the employee that the reason for their dismissal was, for example, redundancy, will not preclude a tribunal from finding that, on the evidence before it, the real reason for dismissal was something different.

An employment tribunal will investigate the real reason for dismissal. The fact that the employer told the employee that the reason for their dismissal was, for example, redundancy, will not preclude a tribunal from finding that, on the evidence before

Continue reading the full document
To gain access to additional expert tax guidance, workflow tools, generative tax AI, and tax research, register for a free trial of Tolley+â„¢
Hannah Freeman
Hannah Freeman

Barrister at Old Square Chambers , OMB, Employment Tax


Hannah is an experienced employment law specialist advising on all forms of discrimination, maternity and paternity rights, unfair dismissal, contractual disputes, part-time working and TUPE. Hannah acts for claimants and respondents in both the public and private sectors, including the NHS, the police, local authorities, educational institutions, financial services and the hospitality industry, as well as providing training and support to in-house legal and HR teams.

Powered by
  • 18 Apr 2023 09:31

Popular Articles

Transfer of assets to beneficiaries ― legal, administration and tax issues

Transfer of assets to beneficiaries ― legal, administration and tax issuesThis guidance note outlines how assets are transferred to beneficiaries and the tax consequences that flow from the transfer. Whether a payment is income or capital is discussed in the Payments to trust beneficiaries guidance

14 Jul 2020 13:52 | Produced by Tolley Read more Read more

Bad debts

Bad debtsBad debts usually arise where goods or services have been provided to a customer, for which payment has not been received within a reasonable or specified time period, or for which the customer is unable to pay. It is necessary to determine the quantum of relief that can be claimed for bad

14 Jul 2020 15:34 | Produced by Tolley Read more Read more

Classes of NIC and who pays them

Classes of NIC and who pays themClass 1 NICClass 1 NIC is payable on earnings paid to an employed worker which derive from, or are treated as deriving from, an employed earner’s employment in the UK. There are two kinds of Class 1 NIC, primary contributions for which the employee is liable and

14 Jul 2020 11:13 | Produced by Tolley in association with Jim Yuill at The Yuill Consultancy Read more Read more