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.


Self isolation

What you need to know about furlough

Employment lawyer Helen Farr explores the ins and outs of the Coronavirus Job Retention Scheme.

You’re fired? Why the right contract is key when dismissing apprentices

3 Mar 2020

Organisations might find themselves in hot water if they wish to dismiss an apprentice. How can this be avoided?

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BP

Downfall of BP worker averted after appeal victory

2 Mar 2020

Australian BP employee wins on appeal after mocking pay negotiations with well known Hitler meme from the film Downfall.

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Atmosphere in Whitehall is ‘poisonous’, unions claim

25 Feb 2020

Boris Johnson’s government has been accused of drawing up plans to oust senior civil servants, which unions have described as...

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Secretary who resigned because of discrimination was constructively dismissed

18 Feb 2020

A secretary who resigned because she was asked to be complicit in discriminatory recruitment practices was constructively and unfairly dismissed,...

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Timpson employee who threatened to ‘shoot’ colleague was unfairly dismissed

29 Jan 2020

A Timpson employee who threatened to “shoot” a colleague was unfairly dismissed because of the way the company handled the...

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Liverpool Crown Court.

Tesco employee jailed over customer refund thefts

19 Dec 2019

A supermarket employee has been jailed after being found guilty of stealing thousands of pounds in a scam involving customer refunds.

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The 10 most important employment law cases in 2019

11 Dec 2019

We round up the most significant cases of the year including legal judgments on CCTV, restrictive covenants, enhancing shared parental leave, collective bargaining and more...

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Embassy secretary awarded £400,000 for ‘spiteful’ sex discrimination

22 Nov 2019

Employment tribunal awards £400,000 to former Qatari Embassy secretary who was subjected to a campaign of sexual harassment and discrimination.

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Executives lose wrongful dismissal claim over WhatsApp porn

11 Nov 2019

Two men sacked after sharing offensive material on WhatsApp lose their £300,000 claim against their former employer for wrongful dismissal.

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Top 10 HR questions October 2019: Right to be accompanied

5 Nov 2019

Should employers give employees the right to be accompanied to meetings under a redundancy procedure?
Such a meeting could ultimately...

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Asda staff given extra week to sign new contract or lose jobs

4 Nov 2019

Retail staff at Asda who have yet to sign a new contract have been given an additional seven days to...

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McDonald's Easterbrook

McDonald’s CEO leaves firm after workplace romance

4 Nov 2019

Steve Easterbrook contravened company values with consensual romantic relationship with colleague.

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‘Up to 12,000’ Asda staff face dismissal this weekend

1 Nov 2019

Up to 12,000 Asda staff are yet to sign a new contract that will require them to work flexible hours...

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Bolt drivers urge better pay and recognition of workers’ rights

30 Oct 2019

Drivers for the minicab app Bolt have staged a protest against what they describe as “unfair” dismissals and its alleged...

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