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Once it is established that a claimant has the right to bring an unfair dismissal claim ― in other words that he was an employee, he was dismissed, his claim was presented in time and he has the requisite continuous employment ― it will generally be for the employer to show:

1. •

   what the reason or, if there was more than one, the principal reason was for dismissing the employee

2. •

   that it was a potentially fair reason for dismissal

An employment tribunal will investigate the real reason for dismissal. The fact that the employer told the employee that the reason for their dismissal was, for example, redundancy, will not preclude a tribunal from finding that, on the evidence before it, the real reason for dismissal was something different.

An employment tribunal will investigate the real reason for dismissal. The fact that the employer told the employee that the reason for their dismissal was, for example, redundancy, will not preclude a tribunal from finding that, on the evidence before