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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.


    • Zero hours
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    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
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    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
    • Dismissal

    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
    • Discipline
    • Latest News

    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
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    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...

    • Latest News
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    • Dismissal

    Nurse who set himself on fire after being dismissed was treated unfairly

    by Jo Faragher 9 Aug 2018
    by Jo Faragher 9 Aug 2018

    A nurse who set himself on fire and died after being dismissed from his job was “treated unfairly”, according to...

    • General Data Protection Regulation
    • Latest News
    • Dismissal

    Top 10 HR questions July 2018 – workplace temperatures and holiday pay

    by Brightmine 1 Aug 2018
    by Brightmine 1 Aug 2018

    We can’t be expected to work in this heat! This may have become a familiar complaint for employers to deal...

    • Latest News
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    • Dismissal

    Netflix to educate staff after dismissing employee who used ‘N-word’

    by Ashleigh Webber 25 Jun 2018
    by Ashleigh Webber 25 Jun 2018

    Netflix has said it will educate its staff about the ways that race, nationality and gender identity affect its organisation...

    • Latest News
    • Dismissal
    • Employment tribunals

    Sainsbury’s employee dismissed for Facebook post wins case

    by Ashleigh Webber 22 Jun 2018
    by Ashleigh Webber 22 Jun 2018

    A former Sainsbury’s employee was unfairly dismissed after an investigation into whether he had committed an act of gross misconduct...

    • Case law
    • Latest News
    • Discipline and grievances

    Why the BHS v Burchell decision is still relevant 40 years on

    by James Medhurst 21 Jun 2018
    by James Medhurst 21 Jun 2018

    In 1978, in British Home Stores v Burchell, the Employment Appeal Tribunal outlined several factors that should be considered when...

    • Absence
    • Employee engagement
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    How to kick off the World Cup without an own goal

    by Jo Faragher 14 Jun 2018
    by Jo Faragher 14 Jun 2018

    With four weeks of World Cup football matches about to kick off, what do employers need to be wary of,...

    • Latest News
    • Dismissal
    • Employment contracts

    Sir Martin Sorrell leaves WPP in accordance with “at-will” agreement

    by Ashleigh Webber 16 Apr 2018
    by Ashleigh Webber 16 Apr 2018

    Sir Martin Sorrell, CEO of WPP, has stepped down from his position following an investigation into allegations of misconduct. Accord...

    • Latest News
    • Dismissal
    • Mental health

    Mental health: legal pitfalls when dismissing workers with conditions

    by Gary Freer 16 Apr 2018
    by Gary Freer 16 Apr 2018

    There are many traps awaiting employers that dismiss a worker with a mental health issue. Gary Freer from Bryan Cave...

    • Discipline
    • Latest News
    • Discipline and grievances

    Misconduct dismissals: Could the long-established approach to fairness be open to question?

    by Darren Newman 28 Mar 2018
    by Darren Newman 28 Mar 2018

    XpertHR consultant editor Darren Newman considers a recent case in which the Supreme Court judges seemed to cast doubt on...

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Personnel Today
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