The five statutory fair reasons for dismissal 





Section 98, ERA 96 lists five statutory “fair reasons” for dismissal:



• capability or qualifications (see pages 292 and 343);





• conduct (see pages 344-352);





• redundancy (see pages 352 and 416);





• to comply with a legal duty or restriction (see page 352); or





• some other substantial reason (see page 353).





Each category is looked at in more detail below. 



It is up to the employer to satisfy the tribunal as to the reason for the dismissal. A dismissal for a reason outside these categories cannot be fair. 





Compulsory retirement is no longer a fair reason for dismissal (see also Chapter 7: Age discrimination).