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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.


    • Latest News
    • Economics, government & business
    • Dismissal

    Adviser sacked by Dominic Cummings receives pay off

    by Ashleigh Webber 13 Nov 2020
    by Ashleigh Webber 13 Nov 2020

    A former special adviser to the government has reportedly been given a five-figure pay off just weeks before her unfair...

    • Legal sector
    • Latest News
    • Discipline

    Employment tribunals have ‘almost ground to a halt’

    by Adam McCulloch 9 Nov 2020
    by Adam McCulloch 9 Nov 2020

    Discrimination cases are having to wait 14 months before receiving a court hearing, research by a prominent employment law firm reveals.

    • Coronavirus
    • Employee relations
    • Dispute resolution

    How to dampen the conflict tinder box in lockdown

    by David Liddle 9 Nov 2020
    by David Liddle 9 Nov 2020

    Employers need to implement new strategies to limit the risks of growing volatility as winter lockdown kicks in, writes David Liddle

    • General Data Protection Regulation
    • Case law
    • Europe

    Uber sued for ‘automated’ dismissals

    by Rob Moss 27 Oct 2020
    by Rob Moss 27 Oct 2020

    In the first legal challenge of its kind, former Uber drivers in the UK and Portugal are suing the taxi-hailing...

    • Constructive dismissal
    • Discipline
    • Latest News

    Age Concern exec undermined by trustees wins £26k in compensation

    by Ashleigh Webber 6 Oct 2020
    by Ashleigh Webber 6 Oct 2020

    A former charity CEO has won more than £26,000 in compensation after being constructively dismissed from her role.
    Gillian Smith...

    • Coronavirus
    • Testing
    • France

    ‘I went to get a Covid-19 test and now I’ve lost my job’

    by Adam McCulloch 5 Oct 2020
    by Adam McCulloch 5 Oct 2020

    Worker in France who didn't know he had Covid-19 despite taking a test was dismissed for serious misconduct.

    • Brexit
    • Reasonable adjustments
    • Case law

    Ten years of the Equality Act 2010: key cases for employers

    by Stephen Simpson 1 Oct 2020
    by Stephen Simpson 1 Oct 2020

    Ten years ago, the Equality Act 2010 consolidated discrimination laws into a single piece of legislation. We highlight 10 key...

    • Constructive dismissal
    • Latest News
    • Discrimination

    Security guard called ‘honey’ by manager wins £10k in sex discrimination case

    by Ashleigh Webber 24 Sep 2020
    by Ashleigh Webber 24 Sep 2020

    The worker was repeatedly called ‘honey’ by her manager, had her hours reduced and was denied the ability to take paid holiday.

    • Coronavirus
    • Latest News
    • Discipline and grievances

    Average wait time for tribunal stands at nine months, claim lawyers

    by Adam McCulloch 21 Sep 2020
    by Adam McCulloch 21 Sep 2020

    Employment tribunal claimants are now facing a nine-month wait for hearing – up 20% from last year.

    • Latest News
    • Discipline
    • Discipline and grievances

    Train guard recorded ‘shooting his mouth off’ was unfairly dismissed

    by Adam McCulloch 21 Sep 2020
    by Adam McCulloch 21 Sep 2020

    Claimant had been covertly recorded by a colleague 'holding forth on strike breakers and Conservative voters'.

    • Latest News
    • Discipline and grievances
    • Dismissal

    Christian school worker sacked for sex education views seeks £56k

    by Ashleigh Webber 21 Sep 2020
    by Ashleigh Webber 21 Sep 2020

    A Christian school assistant is taking her former employer to tribunal over claims she was sacked over Facebook posts in...

    • Latest News
    • Dismissal
    • Employment tribunals

    Employment tribunal hears allegations against Oxford business school

    by Adam McCulloch 11 Sep 2020
    by Adam McCulloch 11 Sep 2020

    Whistleblower at employment tribunal alleged Saïd Business School sacked her after she had raised concerns about a leadership course.

    • Local authorities
    • Latest News
    • Education

    Teacher investigated over indecent images was unfairly dismissed

    by Adam McCulloch 10 Sep 2020
    by Adam McCulloch 10 Sep 2020

    Judge said claimant not warned he could be dismissed for causing employer reputational damage.

    • Discipline
    • Latest News
    • Discipline and grievances

    B&Q reinstates worker who had Covid-19 after appeal

    by Adam McCulloch 10 Sep 2020
    by Adam McCulloch 10 Sep 2020

    A woman with Covid-19 was initially dismissed from her job for failing to follow absence procedures.

    • Equality, diversity and inclusion
    • Latest News
    • Economics, government & business

    Cummings ‘unusual’ recruit dismissed after BLM comment

    by Adam McCulloch 7 Sep 2020
    by Adam McCulloch 7 Sep 2020

    A government employee was dismissed earlier this month after writing a tweet that suggested police should use 'live rounds' on Black Lives Matters protestors.

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