Dismissals
Managing a dismissal is one of the most challenging responsibilities for any employer. It requires careful handling, a clear understanding of employment law and a fair process from start to finish. When a dismissal is not managed correctly, employers face significant risk including unfair or wrongful dismissal claims, reputational damage and disruption within the team. At ECHR we specialise in guiding employers through every stage of the dismissal process, ensuring decisions are fair, lawful and supported by robust documentation.
Under UK employment law, there are five potentially fair reasons for dismissal. Understanding these reasons, and applying them correctly, is essential for any business that wants to remain compliant and avoid costly disputes. Below is a detailed explanation of each reason and how ECHR can support your organisation with practical HR expertise.
Capability or Performance
A dismissal for capability or performance relates to an employee who is unable to meet the required standards of their role. This may be due to a lack of skill, declining performance, inadequate training or long-term health issues that prevent the employee from carrying out their duties. Employers must be able to show that they have addressed concerns fairly. This usually includes regular performance reviews, clear objectives, reasonable adjustments where necessary and opportunities for the employee to improve.
This area is a common source of unfair dismissal claims because employers often skip important steps or fail to keep accurate records. A capability process needs to be structured, supportive and well documented.
In some cases, poorly managed capability processes may also lead to allegations of constructive dismissal, especially if an employee feels pressured or unsupported to the point of being forced out.
ECHR helps employers manage performance concerns from the very beginning. We assist with performance policies, reviews, capability meetings, improvement plans and occupational health referrals. Our support ensures that every stage is carried out lawfully so that if dismissal becomes necessary you can demonstrate that you acted reasonably and fairly.
Conduct
Conduct dismissals relate to an employee’s behaviour rather than their ability. Examples include misconduct such as inappropriate behaviour, repeated lateness, breach of policies or more serious incidents that may amount to gross misconduct. To rely on conduct as a fair reason for dismissal, employers must follow a fair disciplinary process. This includes a reasonable investigation, a disciplinary hearing, clear communication of allegations and the opportunity for the employee to respond.
Employers must take care with proportionality. Not all conduct issues justify dismissal and in many cases warnings or training may be more appropriate. A fair and transparent process is essential.
A failure to follow a fair disciplinary process can expose employers to unjust dismissal or wrongful dismissal claims, particularly where notice pay or contractual procedures are not honoured.
ECHR provides expert support for conduct related matters including policies, drafting investigation reports, preparing disciplinary letters, advising on sanctions and guiding managers through hearings or even chairing these meetings on your behalf. We help you understand the risks, maintain consistency and apply your policies correctly so that any disciplinary outcomes are legally defensible.
Redundancy
Redundancy is a potentially fair reason for dismissal when a role is no longer required. This may be due to restructuring, reduced demand, changes in business priorities or closure of a workplace. Redundancy law can be complex, as employers must follow a consultation process, apply fair selection criteria and explore alternatives such as redeployment or changes to duties.
Poorly handled redundancies are a common cause of tribunal claims. Employers must show that the redundancy situation is genuine and that employees have been treated fairly. In addition, failure to properly apply consultation requirements, selection criteria or notice obligations can lead to wrongful dismissal risks alongside unfair dismissal claims.
ECHR supports employers with the complete redundancy process. We help you prepare consultation documents, design fair selection matrices, carry out individual and collective consultations and manage redeployment options. We ensure the process is fully compliant, minimises risk and treats employees with dignity throughout.
Some Other Substantial Reason (SOSR)
Some Other Substantial Reason, commonly known as SOSR, is a flexible category recognised in UK employment law. It is used when the reason for dismissal falls outside performance, conduct or redundancy but is still significant enough to justify ending employment. Examples include the breakdown of trust and confidence, a personality clash that affects working relationships, third party pressure, refusal to accept reasonable changes to terms or conflict of interest allegations.
Because SOSR is broad, employers must show that the reason is genuine, substantial and supported by evidence. A fair process is still required, and alternatives should be considered before dismissal.
Where an employee resigns in response to mishandled conflict or organisational change, employers may also face constructive dismissal allegations if they have not managed the situation appropriately.
ECHR supports employers in navigating this complex area. We help define the reason clearly, gather the relevant evidence, explore alternatives and guide you through a fair procedure. SOSR dismissals can be high risk, and our expertise ensures you make informed decisions that stand up to legal scrutiny.
Statutory Illegality or Breach of Statutory Restriction
A dismissal may be fair if continuing to employ an individual would break the law. This could include situations where a lorry driver loses their license, a childcare worker fails a required DBS check, or an employee no longer has the legal right to work in the UK. Even in these situations, employers must still act reasonably and consider whether there are any lawful alternatives, such as temporary adjustments or redeployment.
Employers must take great care with documentation and timing to avoid claims of discrimination or unfair dismissal.
Where employment ends quickly because continued employment is unlawful, employers must still ensure they follow proper notice rules to avoid wrongful dismissal risks.
ECHR provides clear guidance on statutory restrictions, right to work issues and situations where employment becomes unlawful. We help you understand your obligations, assess alternatives and manage the dismissal process in a compliant and sensitive way.
Probationary Dismissal
Although not a formal statutory category, dismissals during probation still require a fair and reasonable approach. Employers must clearly document concerns, provide feedback and follow any contractual procedures.
If probationary dismissals are rushed or handled without proper communication, employers may face claims including wrongful dismissal or even constructive dismissal in certain circumstances.
ECHR supports employers with effective probation processes, documentation and decision making, ensuring issues are addressed early and fairly.
How ECHR Supports Employers
Whether you are dealing with performance concerns, a conduct issue, a redundancy programme, a probationary dismissal or a more complex SOSR case, ECHR offers tailored HR support that protects your business and ensures compliance with UK employment law. We work with business owners and managers who need practical, timely and confident guidance. Our support includes providing policies, drafting documentation, advising on process, attending meetings, and managing complex cases from start to finish.
If you need expert HR support with a dismissal or want to prevent issues before they arise, speak to us today. ECHR provides clear, reliable and affordable HR guidance whenever you need it.
