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.


Proselytising Christian nurse loses second appeal against dismissal

A nurse in Kent dismissed for “preaching” to patients has lost a second appeal against an employment tribunal ruling that...

Top 10 HR questions March 2019: Anonymous witness rights

2 Apr 2019

If a witness in a disciplinary procedure wishes to remain anonymous, how can the employer balance their privacy against the...

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Top 10 HR questions February 2019: Redundancy, FTCs and maternity leave

1 Mar 2019

When faced with the need to make redundancies, how should an employer decide which employees to select?
Redundancy exercises bring...

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NHS worker who reported suicidal thoughts was unfairly dismissed

21 Feb 2019

An NHS ambulance technician who was threatened with legal action after he reported feeling suicidal was unfairly dismissed, a tribunal...

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Appeal tribunal rules in favour of hotel waiters over employment rights

4 Jan 2019

Three hotel staff who were dismissed shortly after their contracts of employment began have successfully argued that they should have...

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Raheem Sterling case: What actions can employers take for incidents outside work?

17 Dec 2018

Chelsea supporter Colin Wing recently lost his job in connection to alleged racist abuse he made against Manchester City player...

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Wales Employment Tribunal at Cardiff Magistrates' Court

Christmas party choking incident leads to unfair dismissal ruling

7 Dec 2018

The manager of a club in Cardiff won an employment tribunal ruling for unfair dismissal after senior staff failed to...

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Christmas in the workplace: 10 common employer queries

5 Dec 2018

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

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Peeling onions led to unfair dismissal of woman with glaucoma

16 Nov 2018

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

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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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