Potentially Fair Reasons
Assuming the employee has proven dismissal, the first stage is to establish what was the reason for dismissal, e.g. was it a potentially fair reason or an automatically unfair reason. The burden of proof for this is on the employer. If the employer pleads a potentially fair reason, the burden is on him to prove it. As mentioned above, it would have to be capability or qualifications, conduct, redundancy or statutory requirements or "some other substantial reason".
Read more about this topic: Unfair Dismissal In The United Kingdom
Famous quotes containing the words potentially, fair and/or reasons:
“To have that sense of one’s intrinsic worth which constitutes self-respect is potentially to have everything: the ability to discriminate, to love and to remain indifferent. To lack it is to be locked within oneself, paradoxically incapable of either love or indifference.”
—Joan Didion (b. 1934)
“But it is fit that the Past should be dark; though the darkness is not so much a quality of the past as of tradition. It is not a distance of time, but a distance of relation, which makes thus dusky its memorials. What is near to the heart of this generation is fair and bright still. Greece lies outspread fair and sunshiny in floods of light, for there is the sun and daylight in her literature and art. Homer does not allow us to forget that the sun shone,—nor Phidias, nor the Parthenon.”
—Henry David Thoreau (1817–1862)
“Most personal correspondence of today consists of letters the first half of which are given over to an indexed statement of why the writer hasn’t written before, followed by one paragraph of small talk, with the remainder devoted to reasons why it is imperative that the letter be brought to a close.”
—Robert Benchley (1889–1945)