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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.


    • Vexatious claims
    • Discipline
    • Discipline and grievances

    Worker taped to chair loses £500k unfair dismissal claim

    by Ashleigh Webber 20 Jan 2022
    by Ashleigh Webber 20 Jan 2022

    A former Marine Scotland has lost her claim for unfair dismissal and breach of contract after she made inaccurate allegations.

    • Coronavirus
    • Constructive dismissal
    • Health and safety

    Tribunal claims citing health and safety concerns up three-fold

    by Ashleigh Webber 19 Jan 2022
    by Ashleigh Webber 19 Jan 2022

    Employment tribunal claims citing health and safety concerns were up three-fold last year, with a law firm warning about a...

    • Bullying and harassment
    • Coronavirus
    • Health and safety

    Employee who blew whistle on Covid safety was unfairly dismissed

    by Ashleigh Webber 19 Jan 2022
    by Ashleigh Webber 19 Jan 2022

    A pet food retailer unfairly dismissed an employee after she raised concerns about health and safety and blew the whistle...

    • Discipline
    • Latest News
    • Dismissal

    Flexible working requests behind growing number of tribunal cases

    by Adam McCulloch 17 Jan 2022
    by Adam McCulloch 17 Jan 2022

    The number of employment tribunal decisions over flexible working have hit a record high.

    • NHS
    • Coronavirus
    • Latest News

    Nurses and midwives warn of ‘catastrophic impact’ of vaccine mandate

    by Adam McCulloch 14 Jan 2022
    by Adam McCulloch 14 Jan 2022

    ‘Being a midwife is not my job, it's who I am. But we don't want to be forced into having the vaccine by the threat of losing our jobs’

    • Coronavirus
    • Discipline
    • Discipline and grievances

    Cleaner who attended work with Covid-19 was unfairly dismissed

    by Ashleigh Webber 12 Jan 2022
    by Ashleigh Webber 12 Jan 2022

    The decision to dismiss a cleaner who went to work with Covid-19 was unfair because his employer did not follow a fair process, an employment tribunal has found.

    • Sexual harassment
    • Latest News
    • Dismissal

    Former British Council official wins unfair dismissal claim

    by Jo Faragher 12 Jan 2022
    by Jo Faragher 12 Jan 2022

    A senior British Council official has won his unfair dismissal case over claims he groped a female embassy worker at...

    • Stress
    • Financial penalties
    • Mental health

    University to pay £108,000 in compensation for failing to reinstate lecturer

    by Ashleigh Webber 10 Jan 2022
    by Ashleigh Webber 10 Jan 2022

    A former University of Huddersfield lecturer who was dimissed for not having a PhD has been awarded £108,000 in compensation after the university refused to reinstate him.

    • Constructive dismissal
    • Bullying and harassment
    • NHS

    Christian nurse dismissed for wearing cross necklace wins discrimination claim

    by Ashleigh Webber 6 Jan 2022
    by Ashleigh Webber 6 Jan 2022

    Judgment finds ‘no cogent explanation‘ as to why a ‘fine necklace with a small pendant of religious devotional significance‘ was not permitted.

    • Absence
    • NHS
    • Coronavirus

    Porter who lost pay while awaiting result of wife’s Covid test wins claim

    by Ashleigh Webber 5 Jan 2022
    by Ashleigh Webber 5 Jan 2022

    Hospital worker whose absence was treated as unauthorised while he awaited his wife's test result has suceeded in part of his tribunal claim.

    • Benefits
    • Discipline
    • Discipline and grievances

    Former McDonald’s chief to return $105m gained in exit payment

    by Adam McCulloch 17 Dec 2021
    by Adam McCulloch 17 Dec 2021

    McDonald’s settled its lawsuit with Easterbrook after investigators found he had had further hidden relationships with employees.

    • Latest News
    • Dismissal
    • HR practice

    How to let employees go remotely – and be better than Better.com

    by Stuart Duff 10 Dec 2021
    by Stuart Duff 10 Dec 2021

    Despite recent bad press, videoconferencing remains the best way of communicating redundancy to employees. Here's why...

    • Collective redundancy
    • USA
    • North America

    US company fires hundreds of staff over Zoom

    by Personnel Today 7 Dec 2021
    by Personnel Today 7 Dec 2021

    A US company has come under fire after it dismissed 900 employees in a single Zoom meeting.
    Vishal Garg, CEO...

    • Sexual harassment
    • Bullying and harassment
    • Financial services

    What HR can learn from EY’s response to sexual harassment

    by Zahra Mahmood 30 Nov 2021
    by Zahra Mahmood 30 Nov 2021

    Accountancy firm EY recently hit the headlines for allowing a partner to remain in post after he directed sexual comments...

    • Case law
    • Constructive dismissal
    • Coronavirus

    Covid-related employment cases: 10 key rulings for employers

    by Stephen Simpson 22 Nov 2021
    by Stephen Simpson 22 Nov 2021

    Employment tribunals have been deciding coronavirus-related cases throughout 2021. We set out 10 key first-instance rulings related to the pandemic from which employers can learn lessons.

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