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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

  1. 01

    Review the evidence

    Request all documents the employer relied upon (e.g., via a Subject Access Request).

  2. 02

    Highlight contradictions

    Point out inconsistencies in the employer's timeline or witness statements.

Next steps

Keep your facts organised and protect your time limits with the tools below.

Start case check

Sources