When is Dismissal Unfair?
A dismissal is unfair if it is not for one of the five potentially reasons for dismissal, or if there has been a failure of process, or if the dismissal is not reasonable in the circumstances.
A qualifying employee has the right to challenge the fairness of their dismissal by making an application to an employment tribunal. Once such an application has been made, a dismissal is presumed to be unfair and you, as the employer, must prove otherwise. In general, statutory rights, disciplinary procedures and contractual terms must be observed and the reason for dismissal must be fair and reasonable.
The fairness of the dismissal is judged on your knowledge and understanding when you made the decision (or heard the appeal) and may not take into account anything you subsequently learnt.