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.


Crunch time for British Gas engineers to agree new contract terms

Today is the final day that British Gas engineers can agree to new terms and conditions or face dismissal.

Covid-19: Parent fairly dismissed after refusing return to work

14 Apr 2021

An employee refused to return to the workplace because he believed his workplace posed a danger to his children. What are the ramifications of the case?

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Firefighter who called gay colleague ‘half a man’ wins £12k pay out

7 Apr 2021

A firefighter who called a short gay colleague ‘half a man’ has been awarded more than £12,000 because of the way his employer dismissed him.

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Top 10 HR questions March 2021: IR35, vaccinations and SOSR

1 Apr 2021

Our monthly round-up of what's worrying HR. In March HR's questions focused on IR35 reforms...

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EY drops appeal against whistleblower judgment

30 Mar 2021

EY has dropped its appeal against a judgment ordering it to pay $10.8m to a whistleblower who raised money laundering concerns.

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Whistleblowing protections to be reviewed amid dismissal claims

23 Mar 2021

Government will review whistleblowing protections amid surge in people claiming they were dismissed for speaking up about Covid-related issues.

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Top 10 HR questions February 2021: Vaccination and IR35

1 Mar 2021

Can employers insist their staff have a coronavirus vaccination? What is IR35? Last month's big HR questions answered by XpertHR...

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Ireland appeal court judgment restricts use of injunctions in dismissals

19 Feb 2021

The country's Court of Appeal's judgment restricts the circumstances under which an injunction against dismissal can be granted to an employee.

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Tube driver injured at work was unfairly dismissed

16 Feb 2021

Lisa Stewart was accused by London Underground of dishonestly claiming she had been injured at work.

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Employee who took cannabis for back pain unfairly dismissed

8 Feb 2021

Employment tribunal finds that an employer did not take into account an employee’s medical reasons for taking cannabis before dismissing him.

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Man charged after HR murders in France

1 Feb 2021

An unemployed engineer has been charged with murder after fatally shooting two people in France – including an HR manager...

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Worker wins race discrimination claim at curry supplier

20 Jan 2021

A man who worked for a curry supplier has won a race discrimination claim after being told he did not...

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Less than 10% of police officers accused of misconduct are dismissed

18 Jan 2021

Figures show few officers investigated by the Independent Office for Police Conduct are dismissed after gross misconduct claims.

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Pimlico Plumbers to require Covid jab proof for new starters

14 Jan 2021

Pimlico Plumbers is set to spend upwards of £1m on vaccinating its staff and expects to enforce a ‘no jab, no job’ policy.

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Racist, sexist, homophobic police officers sacked

8 Jan 2021

Three police officers at Hampshire Constabulary’s serious organised crime unit were sacked for gross misconduct after being secretly bugged following whistleblower concerns.

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