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.


Peeling onions led to unfair dismissal of woman with glaucoma

A woman with a long-term eye condition, who lost her job at a food preparation firm after being asked to...

Ryanair sacks stranded cabin crew for ‘breach of trust’

7 Nov 2018

Six Ryanair cabin crew were dismissed by the airline this week for “breach of trust” after a photograph was circulated...

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Top 10 HR questions October 2018: annual leave and sickness absence

2 Nov 2018

How should employers deal with annual leave entitlement for employees on long-term sick leave? This issue is dealt with in...

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Conducting termination discussions successfully (webinar)

1 Nov 2018

The heightened media interest in “gagging clauses” means that now may be the time to review your organisation’s approach to...

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Google dismisses 48 staff over sexual harassment

26 Oct 2018

Google has dismissed 48 people – including 13 senior managers – over claims of sexual harassment in the past two...

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Union urges Uber users not to cross ‘digital picket line’

9 Oct 2018

The IWGB union has a called a 24-hour strike against Uber and is urging the public not use the taxi-hailing...

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Top 10 HR questions September 2018 – probation dismissals and unavailable companions

2 Oct 2018

Can you dismiss before a probationary period ends if they're not up to the job?

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

4 Sep 2018

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

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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...

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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...

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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...

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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...

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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...

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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,...

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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...

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