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Common issues
Evidence Supporting Dismissal
Ensuring your employer has sufficient evidence for the stated reason.
Last updated 21 February 2026
Overview
For a dismissal to be fair, the employer must have a genuine belief in the misconduct or capability issue, based on reasonable grounds, after a reasonable investigation.
Contradictory or missing evidence can render a dismissal unfair.
What you can do
- 01
Review the evidence
Request all documents the employer relied upon (e.g., via a Subject Access Request).
- 02
Highlight contradictions
Point out inconsistencies in the employer's timeline or witness statements.
Key guidance
Next steps
Keep your facts organised and protect your time limits with the tools below.
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