The five statutory fair reasons for dismissal 




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


• capability or qualifications (see pages 327 and 277);




• conduct (see page 328);




• redundancy (see pages 336 and 402);




• to comply with a legal duty or restriction (see page 336); or




• some other substantial reason (see page 337).




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).