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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.


    • Fit notes
    • Shared parental leave
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    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...

    • 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
    • Latest News
    • Maternity

    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
    • Maternity

    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...

    • Absence
    • Brexit
    • Right to work

    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...

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Personnel Today
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