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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
    • Dismissal
    • Employment tribunals

    Ex-Clarks chief executive loses unfair dismissal case

    by Ashleigh Webber 7 Oct 2019
    by Ashleigh Webber 7 Oct 2019

    A former Clarks chief executive has lost his case for unfair dismissal after he was asked to resign following accusations of sexist, racist and homophobic comments.

    • Annual hours
    • Maternity
    • Discipline

    Top 10 HR questions August 2019: term-time holiday calculations

    by Brightmine 3 Sep 2019
    by Brightmine 3 Sep 2019

    How should you calculate holiday pay for a term-time worker without regular hours?
    A recent Court of Appeal decision, The...

    • Sexual harassment
    • Latest News
    • Discipline and grievances

    Duty of care and the employee accused of wrongdoing

    by Ashleigh Webber 31 Jul 2019
    by Ashleigh Webber 31 Jul 2019

    All HR professionals are familiar with the stress and anxiety associated with a grievance or disciplinary process. Ashleigh Webber examines...

    • Latest News
    • Discipline and grievances
    • Dismissal

    Covert recording is not always misconduct, finds EAT

    by Ashleigh Webber 8 Jul 2019
    by Ashleigh Webber 8 Jul 2019

    The Employment Appeal Tribunal has clarified when it is acceptable for an employee to make a covert recording of a...

    • Case law
    • NHS
    • Discipline

    Proselytising Christian nurse loses second appeal against dismissal

    by Rob Moss 14 May 2019
    by Rob Moss 14 May 2019

    A nurse in Kent dismissed for “preaching” to patients has lost a second appeal against an employment tribunal ruling that...

    • General Data Protection Regulation
    • Zero hours
    • Latest News

    Top 10 HR questions March 2019: Anonymous witness rights

    by Brightmine 2 Apr 2019
    by Brightmine 2 Apr 2019

    If a witness in a disciplinary procedure wishes to remain anonymous, how can the employer balance their privacy against the...

    • Brexit
    • Right to work
    • Absence

    Top 10 HR questions February 2019: Redundancy, FTCs and maternity leave

    by Brightmine 1 Mar 2019
    by Brightmine 1 Mar 2019

    When faced with the need to make redundancies, how should an employer decide which employees to select?
    Redundancy exercises bring...

    • Case law
    • Bank holidays
    • Discipline

    Christmas in the workplace: 10 common employer queries

    by Ashok Kanani 5 Dec 2018
    by Ashok Kanani 5 Dec 2018

    During the Christmas period employers face a minefield of HR challenges. How well prepared is your organisation for the festive...

    • Rest periods
    • Latest News
    • Discipline and grievances

    Ryanair sacks stranded cabin crew for ‘breach of trust’

    by Adam McCulloch 7 Nov 2018
    by Adam McCulloch 7 Nov 2018

    Six Ryanair cabin crew were dismissed by the airline this week for “breach of trust” after a photograph was circulated...

    • Zero hours
    • Fit notes
    • Discipline

    Top 10 HR questions October 2018: annual leave and sickness absence

    by Brightmine 2 Nov 2018
    by Brightmine 2 Nov 2018

    How should employers deal with annual leave entitlement for employees on long-term sick leave? This issue is dealt with in...

    • Latest News
    • Dismissal
    • Settlement agreements

    Conducting termination discussions successfully (webinar)

    by Brightmine 1 Nov 2018
    by Brightmine 1 Nov 2018

    The heightened media interest in “gagging clauses” means that now may be the time to review your organisation’s approach to...

    • Sexual harassment
    • Latest News
    • Discipline and grievances

    Google dismisses 48 staff over sexual harassment

    by Ashleigh Webber 26 Oct 2018
    by Ashleigh Webber 26 Oct 2018

    Google has dismissed 48 people – including 13 senior managers – over claims of sexual harassment in the past two...

    • Case law
    • Latest News
    • Gig economy

    Union urges Uber users not to cross ‘digital picket line’

    by Rob Moss 9 Oct 2018
    by Rob Moss 9 Oct 2018

    The IWGB union has a called a 24-hour strike against Uber and is urging the public not use the taxi-hailing...

    • Fit notes
    • Latest News
    • Discipline

    Top 10 HR questions September 2018 – probation dismissals and unavailable companions

    by Brightmine 2 Oct 2018
    by Brightmine 2 Oct 2018

    Can you dismiss before a probationary period ends if they're not up to the job?

    • Brexit
    • Right to work
    • Europe

    Top 10 HR questions August 2018 – Brexit and executive pay ratios

    by Brightmine 4 Sep 2018
    by Brightmine 4 Sep 2018

    While progress has been made in some areas of the Brexit negotiations, including agreement on the rights of EU citizens...

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