Skip to main content Skip to footer

Case Studies Guides Situations Legal Changes

Log in

Case Studies Guides Situations Legal Changes Log in

Employment Rights Act 1996 s.98(4)

Filters

Topic

Unfair Dismissal 22 Procedural Fairness 13 Disciplinary Process 8 Disciplinary procedure 7 Capability 5 Redundancy 4 Ill-health capability 3 Occupational Health 3 Compensation 2 Disability Discrimination 2

Dismissal procedure 2 Misconduct 2 absence 1 Bullying 1 Consistency 1 Consultation 1 Contributory Conduct 1 Disciplinary 1 Disciplinary Investigations 1 Evidence and records 1 Grievance procedure 1 ill-health 1 Investigation 1 Length of service 1 managerial-competence 1 Natural Justice 1 Pay 1 Polkey Reduction 1 Reasonable Adjustments 1 Right to Representation 1 Suspension 1 Whistleblowing 1

29 results

Sort

Last reviewed 4 July 2026

Repeated short-term absences can justify dismissal if your employer follows a fair process.

Employment Rights Act 1996 s.98(4)absence

Last reviewed 4 July 2026

Your employer can judge managerial competence harshly, but must raise concerns with you first.

Employment Rights Act 1996 s.98(4)Capability managerial-competence Procedural Fairness Unfair Dismissal

Last reviewed 4 July 2026

Your employer must warn you clearly before dismissing you for poor performance.

Employment Rights Act 1996 s.98(4)Capability Disciplinary procedure Procedural Fairness Unfair Dismissal

Last reviewed 4 July 2026

Your employer must show the standard was genuinely unacceptable, not just imperfect.

Employment Rights Act 1996 s.98(4)Capability Dismissal procedure Procedural Fairness Unfair Dismissal

Last reviewed 4 July 2026

Whether your dismissal was fair is judged on what your employer knew at the time.

Employment Rights Act 1996 s.98(4)Compensation Evidence and records Misconduct Polkey Reduction Unfair Dismissal

Last reviewed 3 July 2026

Before dismissing for long-term illness, your employer must consult you and get medical evidence.

Employment Rights Act 1996 s.98(4)Capability Consultation Ill-health capability

Last reviewed 30 June 2026

Tribunals will only look behind a final written warning if it was clearly wrong.

Employment Rights Act 1996 s.98(4)Capability Disciplinary procedure Procedural Fairness Unfair Dismissal

Last reviewed 30 June 2026

Being on sick leave when you are dismissed does not make the dismissal automatically fair.

Employment Rights Act 1996 s.98(4)Compensation Ill-health capability Occupational Health Procedural Fairness Unfair Dismissal

Last reviewed 29 June 2026

When your employer is deciding whether to dismiss you for ill-health absence, your personal circumstances must be part of that decision.

Employment Rights Act 1996 s.98(4)Dismissal procedure Ill-health capability Length of service Unfair Dismissal

Last reviewed 29 June 2026

In unfair dismissal, the question is not whether you are innocent but whether your employer’s decision was within the range of responses a reasonable employer would take.

Employment Rights Act 1996 s.98(4)Consistency Disciplinary procedure Investigation Unfair Dismissal

Last reviewed 29 June 2026

A tribunal tests whether a reasonable employer could have made your employer’s decision.

Employment Rights Act 1996 s.98(4)Disciplinary Process Procedural Fairness Unfair Dismissal

Last reviewed 29 June 2026

Your employer must genuinely believe you are at fault before dismissing you.

Employment Rights Act 1996 s.98(4)Disciplinary Misconduct Unfair Dismissal

We help you understand what's happening at work and what your employer actually has to do. Then we tell you what happens next. Plain English. No jargon. No spin.

Legal

Privacy Policy Disclaimer Terms of Use

Not legal advice

This is here to help you understand your situation, not replace legal advice. If things are more complicated, or you just want someone in your corner, book a one-to-one call. You can also contact Acas for free, impartial guidance.

Copyright 2026 © RightsAt.work