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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
    • 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
    • Education
    • Discipline

    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
    • Discipline and grievances

    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.

    • Alcohol and drug misuse
    • Latest News
    • Discipline and grievances

    Test employees for illegal drug use, urges Tory mayor candidate

    by Adam McCulloch 24 Aug 2020
    by Adam McCulloch 24 Aug 2020

    Shaun Bailey called for every business in the capital with more than 250 employees to routinely check workers for illegal substance use.

    • Discipline
    • Latest News
    • Discipline and grievances

    Sex, alleged lies and settlement agreements

    by Charles Wynn-Evans 19 Aug 2020
    by Charles Wynn-Evans 19 Aug 2020

    The claim launched by McDonald’s against its ex-CEO highlights the need for care in agreeing exit packages.

    • Australia
    • Discipline
    • Latest News

    Employee sacked for using Hitler meme wins pay out

    by Ashleigh Webber 11 Aug 2020
    by Ashleigh Webber 11 Aug 2020

    A BP employee in Australia who lost his job after sending colleagues a Hitler meme parodying the company’s wage negotiations...

    • Latest News
    • Discrimination
    • Dismissal

    ‘Office of the Whistleblower’ needed to tackle retaliation

    by Ashleigh Webber 22 Jul 2020
    by Ashleigh Webber 22 Jul 2020

    A group of MPs has called for the urgent establishment of an ‘Office of the Whistleblower’ to ensure the rights...

    • Age discrimination
    • Latest News
    • Discrimination

    DWP employee called ‘racist’ for remarking on Wales’ wet weather

    by Ashleigh Webber 28 May 2020
    by Ashleigh Webber 28 May 2020

    A former Department for Work and Pensions employee who was found to be a victim of age and race discrimination...

    • Acas
    • Coronavirus
    • Constructive dismissal

    Investigations and Covid-19: employers need a pandemic-proof toolkit

    by Ivor Adair 27 May 2020
    by Ivor Adair 27 May 2020

    Employers are turning their attention to a host of novel HR issues coming over the horizon.

    • Police
    • Discipline
    • Latest News

    Police officer banned after stealing breakfasts from staff canteen

    by Ashleigh Webber 22 May 2020
    by Ashleigh Webber 22 May 2020

    A police officer has been banned from every police force in the UK after he admitted to stealing breakfasts from...

    • Sexual harassment
    • Discipline
    • Latest News

    Tube worker wins £14k after dismissal delays

    by Rob Moss 19 May 2020
    by Rob Moss 19 May 2020

    A London Underground worker sacked for sexual harassment has been awarded £14,500 for his employer’s failure to conduct a timely...

    • NHS
    • Disability discrimination
    • Disability

    Recent case shows employers must consider disability before dismissing staff

    by Carole Spencer and Louise Brown 13 May 2020
    by Carole Spencer and Louise Brown 13 May 2020

    Leeds Teaching hospital case casts fresh light on organisations vulnerability to discriminatory decisions.

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