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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.


    • Tribunal Watch
    • Disability discrimination
    • Disability

    Social media misconduct: dismissal harsh but fair

    by Stephen Simpson 17 May 2017
    by Stephen Simpson 17 May 2017

    An employment tribunal has held that the dismissal of a long-serving employee over derogatory comments she made on Facebook about...

    • General Data Protection Regulation
    • Apprenticeships
    • Bank holidays

    Top 10 HR questions April 2017: General Data Protection Regulation

    by Personnel Today 4 May 2017
    by Personnel Today 4 May 2017

    The General Data Protection Regulation (GDPR) will introduce significant changes to the data protection regime, along with increased penalties for...

    • Absence
    • Employment law
    • Fit for Work

    Short-term sickness absence policy: a 15-step guide for HR

    by Stephen Simpson 3 May 2017
    by Stephen Simpson 3 May 2017

    Putting together a short-term sickness absence policy can be one of the most daunting tasks an HR professional can face....

    • Absence
    • Fit for Work
    • Employment law

    Long-term sickness absence policy: a 16-step guide for HR

    by Stephen Simpson 3 May 2017
    by Stephen Simpson 3 May 2017

    A watertight long-term sickness absence policy can give employees who are off work for an extended period the best chance...

    • Tribunal Watch
    • Discipline
    • Discipline and grievances

    Tribunal awards £2 to claimant denied companion at disciplinary hearing

    by Stephen Simpson 24 Apr 2017
    by Stephen Simpson 24 Apr 2017

    Stephen Simpson rounds up recent decisions published on the online database of first-instance employment tribunal judgments

    • Brexit
    • Discipline
    • Discipline and grievances

    General election 2017: five things to know about politics in the workplace

    by Stephen Simpson 19 Apr 2017
    by Stephen Simpson 19 Apr 2017

    Can employers prevent staff from political campaigning at work? Should employees be banned from displaying their political allegiance, for example...

    • Employment law
    • Data protection
    • Discipline

    Does a new tribunal decision mean expired warnings are past their “use by” date?

    by Huw Cooke 5 Apr 2017
    by Huw Cooke 5 Apr 2017

    A recent employment law ruling that it was fair to dismiss an employee partly on the basis of an expired...

    • Tribunal Watch
    • Apprenticeships
    • Discipline

    £25,000 for early termination of apprenticeship contract

    by Stephen Simpson 4 Apr 2017
    by Stephen Simpson 4 Apr 2017

    An employment tribunal has awarded £25,000 for breach of contract to an employee whose apprenticeship was ended early. Stephen Simpson...

    • Employee relations
    • Dismissal
    • Performance management

    How should HR react to demands to manage out employees?

    by Ed Stacey 28 Mar 2017
    by Ed Stacey 28 Mar 2017

    If employees aren’t working out, managers can be impatient to move them out of the organisation. How can HR strike...

    • Absence
    • Employment law
    • Disability discrimination

    Long-term sick leave dismissals: court guidance on borderline cases

    by Personnel Today 21 Mar 2017
    by Personnel Today 21 Mar 2017

    The Court of Appeal has provided guidance on when employers can dismiss an employee on long-term sick leave, in what...

    • Tribunal Watch
    • Brexit
    • Agency workers

    BBC reporter’s employment case struck out

    by Stephen Simpson 8 Mar 2017
    by Stephen Simpson 8 Mar 2017

    An employment tribunal has struck out a BBC reporter’s claim after finding that she discussed her case with a newspaper...

    • China
    • Bank holidays
    • Asia

    Seven facts about employment law in China

    by Ashok Kanani 27 Jan 2017
    by Ashok Kanani 27 Jan 2017

    What is the Chinese statutory public holiday entitlement for employees? Do employers have to pay a premium for working during...

    • Tribunal Watch
    • Age discrimination
    • Bullying and harassment

    Tribunal Watch: Teacher’s dismissal for showing 18-rated film to pupils

    by Stephen Simpson 9 Jan 2017
    by Stephen Simpson 9 Jan 2017

    Tribunal Watch returns with a round-up of recent case law reported in the news. The Employment Appeal Tribunal (EAT) upheld...

    • Dismissal
    • Race discrimination

    Michelle Obama “ape” comment: how employers can deal with racist language

    by Jeya Thiruchelvam 2 Dec 2016
    by Jeya Thiruchelvam 2 Dec 2016

    An inflammatory and racist Facebook post that referred to Michelle Obama as an “ape” caused widespread outrage on social media....

    • Tribunal Watch
    • Case law
    • Dismissal

    Fair dismissal for failure to produce evidence of right to work in UK

    by Stephen Simpson 22 Nov 2016
    by Stephen Simpson 22 Nov 2016

    An employment tribunal held that an employee was fairly dismissed after failing to produce evidence of his right to work...

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