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HR tip: A new fair reason for dismissal

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These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.


Question:

"I always understood that there are five reasons for fair dismissal, but have just been told that there are six. Is this so?"

HR tip:

Yes. For many years the five reasons for fair dismissal have been misconduct, incapability, redundancy, breach of statutory requirement, and 'some other substantial reason'. The sixth, recently added, is retirement.

Before the new age discrimination legislation came into force, people retired at a predetermined age. When they reached that age they just left. They did not resign and neither were they dismissed. Retirement just happened. But it doesn't just happen anymore. Nowadays, you have to dismiss the employee. And to make the dismissal fair you have to follow the correct procedure by, for example, giving six months' notice, advising the employee of the right to ask to continue in employment, and seriously considering any such request.

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