Other Grounds for Fair Dismissal
Capability and conduct are not the only grounds for dismissal. Whether you are justified in dismissing on other grounds depends on the facts of each case.
You cannot be expected to continue employing an employee if such employment is contrary to the law. Examples may include a non-EU employee losing their right to work in the UK, a sales representative who has been banned from driving or a doctor or lawyer who has been struck-off. However, you should still act fairly and reasonably in taking the decision to dismiss and take into account the length of the disqualification, the employee's service record, your business needs and possible alternatives to dismissal. You would not need to create an alternative job if none was reasonably available.
In all cases, the test for assessing whether a dismissal was fair is whether you, as the employer, acted reasonably in deciding to dismiss the employee. Again, taking advice in such circumstances is important.
In the case of any employee taking part in unlawfully organised strike or other action, dismissal is considered to be automatically fair.
However, in the case of "protected industrial action" under the Employment Relations Act 1999 if an employee is dismissed as a result of taking part in such action the dismissal will be automatically unfair.