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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.


    • Case law
    • Discipline
    • Discipline and grievances

    How to handle controversial employee opinions

    by Beverley Sunderland 6 Jul 2021
    by Beverley Sunderland 6 Jul 2021

    Should an employee's unsavoury or offensive opinion always lead to dismissal? Beverley Sunderland looks at examples from case law.

    • Brexit
    • Right to work
    • Coronavirus

    Top 10 HR questions June 2021: Settled status deadline

    by Brightmine 1 Jul 2021
    by Brightmine 1 Jul 2021

    The deadline for applications under the EU settlement scheme was 30 June 2021.
    Where an EEA national is eligible to...

    • Police
    • Equality, diversity and inclusion
    • Discipline

    Tribunal rules senior Met Police officer’s sacking was unfair

    by Adam McCulloch 17 Jun 2021
    by Adam McCulloch 17 Jun 2021

    Senior police officer can return to job after unfair dismissal ruling over indecent phone image.

    • Absence
    • Employee relations
    • Employment law

    Man spotted in pub during sick leave was unfairly dismissed

    by Adam McCulloch 9 Jun 2021
    by Adam McCulloch 9 Jun 2021

    Tribunal decides investigation of man spotted out drinking while off work with illness was flawed.

    • Fire and rehire
    • Acas
    • Latest News

    Acas launches guidance to dissuade fire and rehire misuse

    by Ashleigh Webber 8 Jun 2021
    by Ashleigh Webber 8 Jun 2021

    Acas publishes further guidance around negotiating changes to staff contracts in response to concerns about ‘fire and rehire’ practices.

    • Employment law
    • Health and safety
    • Discipline and grievances

    Protection from detriment in health and safety cases extended to workers

    by Ashleigh Webber 26 May 2021
    by Ashleigh Webber 26 May 2021

    The draft Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 comes into force on 31 May 2021.

    • Fire and rehire
    • Employee relations
    • Employment law

    Unions and MPs urge action on ‘fire and rehire’

    by Ashleigh Webber 7 May 2021
    by Ashleigh Webber 7 May 2021

    A letter signed by unions and 140 MPs and Lords urges the government to use next week's Queen's Speech to announce legislation banning 'fire and rehire' tactics.

    • Education
    • Education - further and higher
    • Latest News

    Lecturer’s dismissal for failing to complete PhD ‘unfair’, tribunal rules

    by Ashleigh Webber 5 May 2021
    by Ashleigh Webber 5 May 2021

    The University of Hudderfield's decision to dismiss a lecturer with mental health worries was "wholly unreasonable", a tribunal has found.

    • Coronavirus
    • Employee relations
    • Dispute resolution

    End of furlough will lead to spike in tribunals

    by Jo Faragher 5 May 2021
    by Jo Faragher 5 May 2021

    Employers could see a surge in tribunal claims when the furlough scheme ends in September, according to a study.

    • Bullying and harassment
    • Disability discrimination
    • Disability

    Worker with cancer sacked on the spot awarded £2.5m pay out

    by Ashleigh Webber 30 Apr 2021
    by Ashleigh Webber 30 Apr 2021

    Man who was sacked following terse emails has received a pay out for unfair dismissal, unfavourable treatment and disability-related harassment.

    • Fire and rehire
    • Employee relations
    • Industrial action / strikes

    Crunch time for British Gas engineers to agree new contract terms

    by Ashleigh Webber 14 Apr 2021
    by Ashleigh Webber 14 Apr 2021

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

    • Health & Safety Executive
    • Case law
    • Coronavirus

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

    by Jo Moseley 14 Apr 2021
    by Jo Moseley 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?

    • Case law
    • Bullying and harassment
    • Discipline

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

    by Ashleigh Webber 7 Apr 2021
    by Ashleigh Webber 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.

    • IR35
    • Latest News
    • Dismissal

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

    by Brightmine 1 Apr 2021
    by Brightmine 1 Apr 2021

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

    • Corporate governance
    • Financial services
    • Ethics

    EY drops appeal against whistleblower judgment

    by Adam McCulloch 30 Mar 2021
    by Adam McCulloch 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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