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
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