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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.


    • Absence
    • Latest News
    • Discipline and grievances

    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
    • Employment law
    • Data protection

    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,...

    • Latest News
    • Discipline and grievances
    • Dismissal

    Exercise bike entrepreneur launches unfair dismissal case

    by Adam McCulloch 7 Dec 2020
    by Adam McCulloch 7 Dec 2020

    Ratna Singh, founder of Birmingham-based Integrated Health Partners, was dismissed as chief executive in October but is fighting to be reinstated.

    • Latest News
    • Discipline
    • Discipline and grievances

    Immigration officer wins £16k after ‘unfair’ probe into alleged racist slurs

    by Ashleigh Webber 30 Nov 2020
    by Ashleigh Webber 30 Nov 2020

    Tribunal finds that Joel Gold, although dismissed on potentially fair grounds of gross misconduct, did not receive a fair hearing from the Home Office.

    • Bullying and harassment
    • Equality, diversity and inclusion
    • Discipline

    How should HR handle a case of domestic abuse?

    by Maria Strauss 27 Nov 2020
    by Maria Strauss 27 Nov 2020

    With soaring rates of calls to domestic abuse helplines throughout the Covid pandemic and coverage of the Johnny Depp vs...

    • 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
    • Discipline
    • Latest News

    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.

    • Reasonable adjustments
    • Brexit
    • Enhanced pay

    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.

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