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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.


    • PT30
    • Case law
    • Employment law

    30 landmark employment law judgments

    by Stephen Simpson 28 Feb 2018
    by Stephen Simpson 28 Feb 2018

    Since its first issue on 9 February 1988, Personnel Today has reported on a staggering number of developments in employment...

    • Constructive dismissal
    • Bullying and harassment
    • Dismissal

    Former Royal British Legion employee wins constructive dismissal case

    by Ashleigh Webber 15 Jan 2018
    by Ashleigh Webber 15 Jan 2018

    An employment tribunal has found that a former case officer at The Royal British Legion was bullied by her line...

    • Absence
    • Commission
    • Disability discrimination

    HR horrors: How to flee four frightening scenarios

    by Alexandra Bonner and Emily Kearsey 31 Oct 2017
    by Alexandra Bonner and Emily Kearsey 31 Oct 2017

    Halloween is upon us, but what are the most common HR horrors and how should employers deal with them? Alexandra...

    • Reasonable adjustments
    • Enhanced pay
    • Case law

    Six important employment law cases in 2017

    by Laura Merrylees 28 Jul 2017
    by Laura Merrylees 28 Jul 2017

    The decision by the Supreme Court that the employment tribunal fees system is unlawful may be one of the most...

    • Case law
    • Discipline
    • Discipline and grievances

    Companions at disciplinary hearings: difficult scenarios for HR

    by Stephen Simpson 6 Jun 2017
    by Stephen Simpson 6 Jun 2017

    On paper, a worker’s right to be accompanied at a disciplinary hearing is one of the simplest employment rights there...

    • Brexit
    • General Data Protection Regulation
    • Personnel Today

    Top 10 HR questions May 2017: Some other substantial reason

    by Personnel Today 5 Jun 2017
    by Personnel Today 5 Jun 2017

    Perhaps the general election means that the collective HR consciousness has its mind elsewhere, or maybe it’s the effect of...

    • 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
    • Employment law
    • Fit for Work

    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...

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Personnel Today
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