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.


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

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

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...

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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...

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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...

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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...

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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...

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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...

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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...

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Companions at disciplinary hearings: difficult scenarios for HR

6 Jun 2017

On paper, a worker’s right to be accompanied at a disciplinary hearing is one of the simplest employment rights there...

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Top 10 HR questions May 2017: Some other substantial reason

5 Jun 2017

Perhaps the general election means that the collective HR consciousness has its mind elsewhere, or maybe it’s the effect of...

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Social media misconduct: dismissal harsh but fair

17 May 2017

An employment tribunal has held that the dismissal of a long-serving employee over derogatory comments she made on Facebook about...

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Top 10 HR questions April 2017: General Data Protection Regulation

4 May 2017

The General Data Protection Regulation (GDPR) will introduce significant changes to the data protection regime, along with increased penalties for...

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Short-term sickness absence policy: a 15-step guide for HR

3 May 2017

Putting together a short-term sickness absence policy can be one of the most daunting tasks an HR professional can face....

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Long-term sickness absence policy: a 16-step guide for HR

3 May 2017

A watertight long-term sickness absence policy can give employees who are off work for an extended period the best chance...

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Tribunal awards £2 to claimant denied companion at disciplinary hearing

24 Apr 2017

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

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