Abernethy v Mott, Hay and Anderson [1974] ICR 323 is a UK labour law case, concerning unfair dismissal.

Mr. Abernethy, a civil engineer, claimed unfair dismissal under the Industrial Relations Act 1971, Section 24, from his firm of 20 years, Mott, Hay and Anderson, after declining a secondment to work for the Greater London Council and then being told he was redundant.

The Tribunal held he was not redundant, but the employers had shown he was incapable and it was not unfair.

The employer has under the Industrial Relations Act 1971 to “show” the reasons for the dismissal.

And 'capability' is stated in section 24(7) to mean 'capability assessed by reference to skill, aptitude, health or any other physical or mental quality.'

"Cairns LJ held that although the employer was wrong to say he was redundant to begin with, it could reformulate the real reason for dismissal as a different one, and if that was fair, it was valid.