Dismissal

A dismissal is the termination of an individual's employment by the employer. 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”.

A dismissal can also be constructive, where an employee resigns in response to his or her employer's breach of contract.


Top 10 HR questions August 2018 – Brexit and executive pay ratios

While progress has been made in some areas of the Brexit negotiations, including agreement on the rights of EU citizens...

Nurse who set himself on fire after being dismissed was treated unfairly

9 Aug 2018

A nurse who set himself on fire and died after being dismissed from his job was “treated unfairly”, according to...

Continue Reading Comments { 2 }

Top 10 HR questions July 2018 – workplace temperatures and holiday pay

1 Aug 2018

We can’t be expected to work in this heat! This may have become a familiar complaint for employers to deal...

Continue Reading Comments { 0 }

Netflix to educate staff after dismissing employee who used ‘N-word’

25 Jun 2018

Netflix has said it will educate its staff about the ways that race, nationality and gender identity affect its organisation...

Continue Reading Comments { 0 }

Sainsbury’s employee dismissed for Facebook post wins case

22 Jun 2018

A former Sainsbury’s employee was unfairly dismissed after an investigation into whether he had committed an act of gross misconduct...

Continue Reading Comments { 0 }

Why the BHS v Burchell decision is still relevant 40 years on

21 Jun 2018

In 1978, in British Home Stores v Burchell, the Employment Appeal Tribunal outlined several factors that should be considered when...

Continue Reading Comments { 0 }

How to kick off the World Cup without an own goal

14 Jun 2018

With four weeks of World Cup football matches about to kick off, what do employers need to be wary of,...

Continue Reading Comments { 0 }

Sir Martin Sorrell leaves WPP in accordance with “at-will” agreement

16 Apr 2018

Sir Martin Sorrell, CEO of WPP, has stepped down from his position following an investigation into allegations of misconduct. Accord...

Continue Reading Comments { 0 }

Mental health: legal pitfalls when dismissing workers with conditions

16 Apr 2018

There are many traps awaiting employers that dismiss a worker with a mental health issue. Gary Freer from Bryan Cave...

Continue Reading Comments { 0 }

Misconduct dismissals: Could the long-established approach to fairness be open to question?

28 Mar 2018

XpertHR consultant editor Darren Newman considers a recent case in which the Supreme Court judges seemed to cast doubt on...

Continue Reading Comments { 0 }

30 landmark employment law judgments

28 Feb 2018

Since its first issue on 9 February 1988, Personnel Today has reported on a staggering number of developments in employment...

Continue Reading Comments { 0 }

Former Royal British Legion employee wins constructive dismissal case

15 Jan 2018

An employment tribunal has found that a former case officer at The Royal British Legion was bullied by her line...

Continue Reading Comments { 0 }

Christmas in the workplace: 10 common employer queries

6 Dec 2017

During the Christmas period employers face a minefield of HR challenges. How well prepared is your organisation for the festive...

Continue Reading

HR horrors: How to flee four frightening scenarios

31 Oct 2017

Halloween is upon us, but what are the most common HR horrors and how should employers deal with them? Alexandra...

Continue Reading Comments { 0 }

Six important employment law cases in 2017

28 Jul 2017

The decision by the Supreme Court that the employment tribunal fees system is unlawful may be one of the most...

Continue Reading Comments { 0 }