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.


Executives lose wrongful dismissal claim over WhatsApp porn

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

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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Ex-Mulberry employee loses philosophical belief appeal

18 Oct 2019

A former Mulberry designer who refused to sign a copyright agreement because she had a “philosophical belief” in the right...

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Ex-Clarks chief executive loses unfair dismissal case

7 Oct 2019

A former Clarks chief executive has lost his case for unfair dismissal after he was asked to resign following accusations of sexist, racist and homophobic comments.

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Top 10 HR questions August 2019: term-time holiday calculations

3 Sep 2019

How should you calculate holiday pay for a term-time worker without regular hours?
A recent Court of Appeal decision, The...

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Duty of care and the employee accused of wrongdoing

31 Jul 2019

All HR professionals are familiar with the stress and anxiety associated with a grievance or disciplinary process. Ashleigh Webber examines...

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Covert recording is not always misconduct, finds EAT

8 Jul 2019

The Employment Appeal Tribunal has clarified when it is acceptable for an employee to make a covert recording of a...

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Proselytising Christian nurse loses second appeal against dismissal

14 May 2019

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

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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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