98 General
98 General

(1)     In determining for the purposes of this Part whether the dismissal of an employee is fair or unfair, it is for the employer to show—

(a)     the reason (or, if more than one, the principal reason) for the dismissal, and

(b)     that it is either a reason falling within subsection (2) or some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.

(2)     A reason falls within this subsection if it—

(a)     relates to the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do,