Unfair dismissal

Employees have a right not to be unfairly dismissed from employment. Before dismissing an employee, employers need to make sure that they have a potentially fair reason.

The five potentially fair reasons for dismissal are: capability or qualifications; conduct; redundancy; where continued employment would contravene the law; and “some other substantial reason”.


Photo: Andrew Drysdale/REX/Shutterstock.

Tribunal awards £2 to claimant denied companion at disciplinary hearing

Stephen Simpson rounds up recent decisions published on the online database of first-instance employment tribunal judgments

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General election 2017: five things to know about politics in the workplace

19 Apr 2017

Can employers prevent staff from political campaigning at work? Should employees be banned from displaying their political allegiance, for example...

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Statutory redundancy pay rates increase for 2017-18

6 Apr 2017

The maximum amount that can be used to calculate an employee’s statutory redundancy pay increases to £489 per week from...

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£25,000 for early termination of apprenticeship contract

4 Apr 2017

An employment tribunal has awarded £25,000 for breach of contract to an employee whose apprenticeship was ended early. Stephen Simpson...

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Australian employment law: 10 key features

24 Mar 2017

Generous leave entitlements and a unique legal framework characterise Australian employment law. Qian Mou highlights 10 interesting aspects of workplaces...

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Long-term sick leave dismissals: court guidance on borderline cases

21 Mar 2017

The Court of Appeal has provided guidance on when employers can dismiss an employee on long-term sick leave, in what...

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BBC reporter’s employment case struck out

8 Mar 2017

An employment tribunal has struck out a BBC reporter’s claim after finding that she discussed her case with a newspaper...

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Revising a contract of employment: tips to avoid unfair dismissal

2 Mar 2017

Employers must tread carefully when revising a contract of employment. Joanna Sutton offers tips to avoid unfair dismissal claims or ...

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Statutory redundancy pay to increase from 6 April 2017

23 Feb 2017

The maximum amount of statutory redundancy pay and the limit on the amount employment tribunals can award for unfair dismissal...

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Rushmore: If managers shy away from difficult conversations,  there is little discussion of any problems, and similar scores are awarded across the board.

Annual appraisals – good, bad or just ugly?

1 Feb 2017

Many companies are moving away from annual appraisals towards monitoring employees’ progress throughout the year. Keely Rushmore offers advice on...

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Social media misconduct: fair dismissal over historic tweets

19 Jan 2017

An employment tribunal held that a long-serving employee was fairly dismissed for making derogatory comments about his colleagues and his...

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The BBFC rates the 1978 classic Halloween as an 18 for its atmosphere of "strong threat" and graphic depictions of killingsMoviestore Collection/REX/Shutterstock.

Tribunal Watch: Teacher’s dismissal for showing 18-rated film to pupils

9 Jan 2017

Tribunal Watch returns with a round-up of recent case law reported in the news. The Employment Appeal Tribunal (EAT) upheld...

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The 10 most important employment law cases in 2016

30 Nov 2016

What were the most significant employment case law decisions in 2016? Stephen Simpson counts down the 10 most important judgments...

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The claimant moved from Jamaica as a child, giving him the "right of abode" (right to live indefinitely) in the UK. Photo: imageBROKER/REX/Shutterstock.

Fair dismissal for failure to produce evidence of right to work in UK

22 Nov 2016

An employment tribunal held that an employee was fairly dismissed after failing to produce evidence of his right to work...

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Varying contracts of employment: what are the risks for employers?

10 Nov 2016

Labour MP Siobhain McDonagh has suggested that thousands of M&S staff could lose their jobs in the run up to...

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