NIS10L01 – Letter of invitation to a formal hearing following an issue that constitutes “some other substantial reason” for dismissal
This is a letter of invitation to a formal hearing following an issue that constitutes “some other substantial reason” for dismissal. The potentially fair reasons for dismissal are capability; conduct; redundancy; contravention of a statutory duty or restriction; or, if none of these apply, “some other substantial reason of a kind such as to justify the dismissal of an employee holding a position which the employee held” can be used. In any case, employers should not take this decision lightly and must follow the stages of a fair procedure, including investigation of all of the circumstances, a formal hearing, right of representation and right of appeal. Employees can still claim unfair dismissal (subject to the qualifying criteria) for dismissals by way of ‘some other substantial reason’.