When an employee has worked for you continuously for at least two years, they have the right not to be unfairly dismissed. Fair reasons for dismissal include the following: Misconduct Capability, performance or qualifications Redundancy Where it would be in breach of a law if they were to continue in their job Some other substantial reason The emphasis will be on you as the employer to justify the dismissal and show that you have acted fairly. As well as having a fair reason for dismissing someone, employers also need to follow a fair process. Even if the reason given is fair, failure to implement the right procedure may allow an employee to bring a claim for wrongful dismissal.
The Advisory, Conciliation and Arbitration Service (Acas) has a code of practice on disciplinary and grievance procedures. Following this procedure, as well as any internal process that you may have, will help demonstrate to an employment tribunal that you have acted fairly.
There are a number of reasons that are classed as automatically unfair, including reasons relating to pregnancy and maternity, parental leave, insisting on a statutory right, requiring to be paid the minimum wage, trade union activities and whistleblowing. An employee raising a claim in one of these areas does not need to have worked for two years to bring a case.