While dismissing an employee, it is essential that the employer should have a valid reason to dismiss the employee. The reasons that are considered valid for dismissing an employee include the capability or conduct of the employees or redundancy. At the same time, it can be something that precludes the employees from doing their job, like a case where a driver loses his or her driving license. At the same time, there can also be some other reasons that can be considered as fair for dismissing an employee. Sometimes, these reasons are also known as ‘other substantial reasons’. However, even if there is a fair reason to dismiss an employee, it is significant that the employer acts reasonably while dismissing the employee. In this regard it needs to be noted that while reasonableness has not been legally defined, but there are certain factors that may be considered by an employment or industrial tribunal. For example in such a case, it is seen if it was generally believed by the employer that the reason to dismiss was fair. At the same time, it is also seen in proper investigations have been made by the employer, where appropriate and relevant procedures have been followed. The reasonableness of a reason for dismissing an employee may also depend on the fact is the employee can be expected to understand the consequences of his or her behaviour (Watt, 2000).
Therefore, when an employee is dismissed by the employer instantly, without any notice or pay in view of the notice, generally there should be gross misconduct on the part of the employees like theft, violence or fraud. Even if, it is believed by the employer that the employee has been dismissed fairly, still a claim for unfair dismissal can be made against the employer if the employer believes that the reason behind the dismissal was not the real one or the reason for dismissal was unfair or if the employee believes that the employer has acted unreasonably, like a failure to give sufficient warning to the employee (Morris, 2000). At the same time, there are certain reasons that are automatically considered as unfair. These reasons unrelated with pregnancy, family, acting as employee representative or trade union representative, joining or not joining the trade union, discrimination and pay and working hours and whistle blowing (Knight, 2000).