Unfair Dismissal (2)


Pitt (9th edn) 295

Employment Rights Act 1996

• relates to the capability and qualifications of the employee: s 98(2)(a);

• relates to the conduct of the employee: s 98(2)(b);

• is that the employee was redundant: s 98(2)(c);

• is that the employee could not continue to do his job without contravening a duty or restriction imposed by or under an enactment: s 98(2)(d); or

• is for some other substantial reason of a kind as to justify the dismissal of an employee holding the position that the employee in question held s 98(1)(b).
(a) Capability and Qualifications

ERA 1996, s 98(3)

(a) “capability”, in relation to an employee, means his capability assessed by reference to skill, aptitude, health or any other physical or mental quality, and

(b) “qualifications”, in relation to an employee, means any degree, diploma or other academic, technical or professional qualification relevant to the position which he held.

(i) Capability

The definition of ‘capability’ is wide enough to include incompetence Support and training

Davison v Kent Meters [1975] IRLR 145 (IT)
(b) Conduct

ERA 1996 s.98(2): ‘A reason falls within this subsection if it … (b) relates to the conduct of the employee’.

(i) Procedure and Warnings