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Termination of Employment
In the majority of cases employees leave their jobs by mutual agreement (see Resignation). Legislation also provides that an employer may fairly dismiss an employee if:
- He or she has a valid reason for doing so
- He or she acted reasonably in treating that reason as a sufficient reason for dismissing the employee.
Legislation lists six reasons which can (in the right circumstances and where procedures have been followed correctly and fairly) constitute a valid and fair reason for dismissal. These are:
- Conduct (including gross misconduct) – The employee’s conduct or behaviour falls below the acceptable standard required.
- Capability - The employee is no longer capable of doing the job for reasons which are due to a medical condition or long-term sickness (subject to making reasonable adjustments), or the employee does not have the requisite skills to undertake the role to a reasonable standard.
- Redundancy – There is no longer a need for the job role and it is therefore, made redundant.
- Retirement - The employee has reached retirement age (the default retirement age is currently 65).
- Statutory restriction - The employee can no longer carry out his/her job for legal reasons (for example, a driver who has been disqualified from driving).
- Some Other Substantial Reason – The reason for the dismissal is for another 'substantial' reason that does not fall under the previous categories, for example, an unresolvable personality clash.
Source: NCVO
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