17. Dismissal for incompatibility

Dismissal can in some cases be justified on the grounds of incompatibility. While there is no law which says that an employer and an employee actually have to like each other, the Employment Court and Tribunal have in numerous cases recognised that it helps a lot if they do and it has been accepted that there are some instances where dismissal is the most appropriate course of action.

But it goes without saying, as at all other times when the dismissal of an employee is being considered, that employer’s have to be very cautious. Not only do the appropriate procedures have to be followed but the employer has to justify that the alleged incompatibility exists, that it has been brought about by the employee concerned and that there are no reasonable options other than dismissal.

In most cases, the employer must have made a real attempt to remedy the incompatibility, which has to be serious, ongoing and obviously caused by the employee in question. However tempting it may be, it is clear that incompatibility cannot be advanced as the reason for dismissal each and every time an employer simply dislikes an employee.

Procedurally, employee’s must be:

• given an opportunity to explain their side of the story;
• advised as to how and why their conduct is a cause of incompatibility;
• advised that it amounts to misconduct;
• given a period within which to attempt to improve; and
• advised that, if continued, their conduct would lead to their dismissal.

If it is possible to put an end to the incompatibility by transferring the employee, this has to be considered and attempted, even though this is in many cases simply seen as 'transferring the problem'. In some cases the workplace would simply be too small and where the employee in question is in too senior position, a possible transfer would fall away as an option.