The five statutory fair reasons for dismissal 



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


• capability or qualifications;



• conduct;



• redundancy;



• to comply with a legal duty or restriction; or



• some other substantial reason.



It is for the employer to satisfy the tribunal as to the reason for the dismissal. A dismissal that is wholly or mainly 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).