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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.


    • Apprenticeships
    • Latest News
    • Dismissal

    You’re fired? Why the right contract is key when dismissing apprentices

    by Natalie Flynn 3 Mar 2020
    by Natalie Flynn 3 Mar 2020

    Organisations might find themselves in hot water if they wish to dismiss an apprentice. How can this be avoided?

    • Australia
    • Latest News
    • Discipline and grievances

    Downfall of BP worker averted after appeal victory

    by Adam McCulloch 2 Mar 2020
    by Adam McCulloch 2 Mar 2020

    Australian BP employee wins on appeal after mocking pay negotiations with well known Hitler meme from the film Downfall.

    • Bullying and harassment
    • Latest News
    • Economics, government & business

    Atmosphere in Whitehall is ‘poisonous’, unions claim

    by Ashleigh Webber 25 Feb 2020
    by Ashleigh Webber 25 Feb 2020

    Boris Johnson’s government has been accused of drawing up plans to oust senior civil servants, which unions have described as...

    • Case law
    • Caste discrimination
    • Latest News

    Secretary who resigned because of discrimination was constructively dismissed

    by Ashleigh Webber 18 Feb 2020
    by Ashleigh Webber 18 Feb 2020

    A secretary who resigned because she was asked to be complicit in discriminatory recruitment practices was constructively and unfairly dismissed,...

    • Discipline
    • Latest News
    • Discipline and grievances

    Timpson employee who threatened to ‘shoot’ colleague was unfairly dismissed

    by Ashleigh Webber 29 Jan 2020
    by Ashleigh Webber 29 Jan 2020

    A Timpson employee who threatened to “shoot” a colleague was unfairly dismissed because of the way the company handled the...

    • Criminal records
    • Discipline
    • Latest News

    Tesco employee jailed over customer refund thefts

    by Adam McCulloch 19 Dec 2019
    by Adam McCulloch 19 Dec 2019

    A supermarket employee has been jailed after being found guilty of stealing thousands of pounds in a scam involving customer refunds.

    • Age discrimination
    • Case law
    • Bonuses

    The 10 most important employment law cases in 2019

    by Stephen Simpson 11 Dec 2019
    by Stephen Simpson 11 Dec 2019

    We round up the most significant cases of the year including legal judgments on CCTV, restrictive covenants, enhancing shared parental leave, collective bargaining and more...

    • Sexual harassment
    • Latest News
    • Dismissal

    Embassy secretary awarded £400,000 for ‘spiteful’ sex discrimination

    by Ashleigh Webber 22 Nov 2019
    by Ashleigh Webber 22 Nov 2019

    Employment tribunal awards £400,000 to former Qatari Embassy secretary who was subjected to a campaign of sexual harassment and discrimination.

    • Discipline
    • Latest News
    • Dismissal

    Executives lose wrongful dismissal claim over WhatsApp porn

    by Jo Faragher 11 Nov 2019
    by Jo Faragher 11 Nov 2019

    Two men sacked after sharing offensive material on WhatsApp lose their £300,000 claim against their former employer for wrongful dismissal.

    • Fit notes
    • Shared parental leave
    • Discipline

    Top 10 HR questions October 2019: Right to be accompanied

    by Brightmine 5 Nov 2019
    by Brightmine 5 Nov 2019

    Should employers give employees the right to be accompanied to meetings under a redundancy procedure?
    Such a meeting could ultimately...

    • Bank holidays
    • Latest News
    • Dismissal

    Asda staff given extra week to sign new contract or lose jobs

    by Ashleigh Webber 4 Nov 2019
    by Ashleigh Webber 4 Nov 2019

    Retail staff at Asda who have yet to sign a new contract have been given an additional seven days to...

    • USA
    • Discipline
    • Latest News

    McDonald’s CEO leaves firm after workplace romance

    by Adam McCulloch 4 Nov 2019
    by Adam McCulloch 4 Nov 2019

    Steve Easterbrook contravened company values with consensual romantic relationship with colleague.

    • Bank holidays
    • Latest News
    • Dismissal

    ‘Up to 12,000’ Asda staff face dismissal this weekend

    by Ashleigh Webber 1 Nov 2019
    by Ashleigh Webber 1 Nov 2019

    Up to 12,000 Asda staff are yet to sign a new contract that will require them to work flexible hours...

    • Latest News
    • Gig economy
    • Dismissal

    Bolt drivers urge better pay and recognition of workers’ rights

    by Ashleigh Webber 30 Oct 2019
    by Ashleigh Webber 30 Oct 2019

    Drivers for the minicab app Bolt have staged a protest against what they describe as “unfair” dismissals and its alleged...

    • Case law
    • Belief discrimination
    • Latest News

    Ex-Mulberry employee loses philosophical belief appeal

    by Ashleigh Webber 18 Oct 2019
    by Ashleigh Webber 18 Oct 2019

    A former Mulberry designer who refused to sign a copyright agreement because she had a “philosophical belief” in the right...

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