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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.


    • Coronavirus
    • Discrimination
    • Latest News

    Whistleblowing protections to be reviewed amid dismissal claims

    by Ashleigh Webber 23 Mar 2021
    by Ashleigh Webber 23 Mar 2021

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

    • Brexit
    • Right to work
    • IR35

    Top 10 HR questions February 2021: Vaccination and IR35

    by Brightmine 1 Mar 2021
    by Brightmine 1 Mar 2021

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

    • Case law
    • Latest News
    • Dismissal

    Ireland appeal court judgment restricts use of injunctions in dismissals

    by Ashleigh Webber 19 Feb 2021
    by Ashleigh Webber 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.

    • Fit notes
    • Employment law
    • Health and safety

    Tube driver injured at work was unfairly dismissed

    by Adam McCulloch 16 Feb 2021
    by Adam McCulloch 16 Feb 2021

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

    • Alcohol and drug misuse
    • Discipline
    • Latest News

    Employee who took cannabis for back pain unfairly dismissed

    by Ashleigh Webber 8 Feb 2021
    by Ashleigh Webber 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.

    • France
    • Latest News
    • Dismissal

    Man charged after HR murders in France

    by Ashleigh Webber 1 Feb 2021
    by Ashleigh Webber 1 Feb 2021

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

    • Tribunal Watch
    • Equality, diversity and inclusion
    • Discipline

    Worker wins race discrimination claim at curry supplier

    by Jo Faragher 20 Jan 2021
    by Jo Faragher 20 Jan 2021

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

    • Police
    • Discipline
    • Discipline and grievances

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

    by Ashleigh Webber 18 Jan 2021
    by Ashleigh Webber 18 Jan 2021

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

    • Coronavirus
    • Latest News
    • Dismissal

    Pimlico Plumbers to require Covid jab proof for new starters

    by Ashleigh Webber 14 Jan 2021
    by Ashleigh Webber 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.

    • Police
    • Disability discrimination
    • Discipline

    Racist, sexist, homophobic police officers sacked

    by Rob Moss 8 Jan 2021
    by Rob Moss 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.

    • Employment law
    • Discipline
    • Discipline and grievances

    Postman wins unfair dismissal case over public urination

    by Adam McCulloch 8 Jan 2021
    by Adam McCulloch 8 Jan 2021

    An employment judge found that the real reason behind the dismissal was the postman's union activities and poor relationship with his line manager.

    • Financial services
    • Coronavirus
    • Hospitality

    ‘Aggressive’ tactics used to ditch senior execs who are working at home

    by Adam McCulloch 8 Jan 2021
    by Adam McCulloch 8 Jan 2021

    Some employers in sectors badly effected by the pandemic have resorted to aggressive tactics with the aim of cutting senior...

    • Absence
    • Discipline and grievances
    • Latest News

    Car worker who missed 808 shifts wins unfair dismissal decision

    by Adam McCulloch 4 Jan 2021
    by Adam McCulloch 4 Jan 2021

    A Jaguar Land Rover worker who was absent for 808 shifts in 20 years has won his legal battle over unfair dismissal.

    • Age discrimination
    • Data protection
    • Employment law

    Seven key employment law cases from 2020

    by Brightmine 17 Dec 2020
    by Brightmine 17 Dec 2020

    From the leaking of personal data to homophobia and the gig economy, we highlight seven noteworthy cases from 2020 that employers should know about.

    • Case law
    • France
    • Latest News

    Banker who never returned from three-year sabbatical wins unfair dismissal case

    by Jo Faragher 16 Dec 2020
    by Jo Faragher 16 Dec 2020

    A banker working for Societe Generale was unfairly dismissed after he failed to return after a three-year sabbatical.
    The employee,...

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