Was the dismissal reasonable?

Establishing a “fair reason” is only the first step to a fair dismissal. The employer’s next step is to show that the dismissal was reasonable in all the circumstances. The tribunal must consider all relevant facts to decide whether the employer acted fairly in dismissing the employee for that reason, taking into account, in particular, the employer’s size and administrative resources (section 98(4) ERA 96), as well as factors personal to the employee, such as their record.

The employer must also show that they followed a fair procedure. Failing to follow a fair procedure can make what would otherwise have been a fair dismissal into an unfair one.