Incompatibility
“Incompatibility” means a situation where there is a fundamental breakdown in the relationship between two or more individuals, such that they can no longer work together. Incompatibility may underpin a conduct or performance problem. For a dismissal because of incompatibility to be justified, the disharmony would be serious so that it becomes unworkable for the employee to stay. Where there is a dismissal for incompatibility it is not necessary for one of the individuals to be at fault (although there often will be issues of fault involved).
Process
Dismissal for incompatibility is rare. This is an area where advice should be taken by both sides. The employer will need to consider very carefully any alternatives to dismissal, and to be scrupulous in choosing between the individuals concerned.
