There are five potentially fair reasons for dismissal: capability, conduct, redundancy, legal restriction and “some other substantial reason”. Potentially Fair Reasons for Dismissal
Although employees normally need to have a minimum of two years’ continuous service in order to be eligible to bring a complaint of unfair dismissal to tribunal, there is a list of inadmissible reasons for dismissal which entitle the employee to bring a claim regardless of length of service. Dismissals that are Automatically Unfair
“Capability” as a reason for dismissal is defined as the employee’s “skill, aptitude, health or any other physical or mental quality”. Capability
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