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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.


    • Local authorities
    • Discipline
    • 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
    • Discipline and grievances
    • Latest News

    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
    • Discipline and grievances
    • Latest News

    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
    • Discipline and grievances

    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
    • Department for Work and Pensions
    • Latest News

    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
    • Constructive dismissal
    • Coronavirus

    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
    • Discipline and grievances

    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.

    • Reasonable adjustments
    • Constructive dismissal
    • Disability

    Boots employee banned from taking breaks wins £7k at employment tribunal

    by Ashleigh Webber 27 Apr 2020
    by Ashleigh Webber 27 Apr 2020

    Long-term employee with a spinal condition was banned from taking a break and told to learn what 'professionalism' meant.

    • Written statement of employment particulars
    • Case law
    • Disability discrimination

    Hairdresser wins £20k after being asked to clean up dog excrement

    by Rob Moss 21 Apr 2020
    by Rob Moss 21 Apr 2020

    A hairdresser has been awarded £20,000 at an employment tribunal after her boss asked her to pick up excrement in...

    • Financial penalties
    • Latest News
    • Dismissal

    Law firm employee dismissed because she was pregnant awarded £23k

    by Ashleigh Webber 21 Apr 2020
    by Ashleigh Webber 21 Apr 2020

    A law firm has been ordered to pay more than £23,000 for pregnancy discrimination after it sacked a pregnant employee...

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