• Employee conduct. For example, persistent lateness, missing work, unwillingness to do their job properly, substance abuse, health & safety breaches, behaviour towards others, or misconduct.
  • Discrimination. Where an employee is let go because of a protected characteristic (age, sex, sexual orientation, disability, gender reassignment, race, religion, etc.).
  • Employee capability. Where the employee can not properly perform their job. However, if someone is incapable of doing their job due to health reasons, employers should try to help them before dismissing them.
  • An employee’s refusal to give up their rights.For example, where an employee refuses to work more hours than they are legally allowed, or won’t give up the maternity, paternity or adoption leave they are entitled to.
  • Illegality. If something prevents an employee from legally being able to do their job. For example, if a driver has lost their driving licence or the employee’s right to work in the UK has expired.
  • For protecting their rights. For example, after joining a trade union, becoming a union representative, or taking part in legal industrial action that lasted 12 weeks or less.
  • Other substantial reasons. Such reasons might include where clients insist they will take their business elsewhere unless an employee is dismissed. Legal advice is strongly advised before firing employees in such circumstances.
  • Constructive dismissal. Where an employer mistreats an employee until they believe they have no choice but to resign.