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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
    • 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...

    • Employment law
    • Discipline
    • Discipline and grievances

    Disciplinary procedures: three case law lessons for employers

    by Ashok Kanani 22 Nov 2016
    by Ashok Kanani 22 Nov 2016

    What is the role of HR in the disciplinary process? To what extent can an employer use its appeal process...

    • Tribunal Watch
    • Dismissal
    • Overtime

    Fair dismissal for refusal to work Christmas overtime

    by Stephen Simpson 9 Nov 2016
    by Stephen Simpson 9 Nov 2016

    An employment tribunal held that a food company employee was fairly dismissed after she refused to do overtime in the...

    • Case law
    • Constructive dismissal
    • Dismissal

    Workplace protected conversations shield cannot be waived

    by Emma Phillips 12 Sep 2016
    by Emma Phillips 12 Sep 2016

    In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) confirmed the privilege that applies to protected conversations cannot...

    • Case law
    • Disability discrimination
    • Disability

    Dismissal of paraplegic employee angry over lack of wheelchair access

    by Clare Gregory and Aaron Lyons 23 Aug 2016
    by Clare Gregory and Aaron Lyons 23 Aug 2016

    The Employment Appeal Tribunal (EAT) held that it could be discrimination arising from disability to dismiss a disabled employee who...

    • Dismissal
    • Redundancy
    • Payment in lieu of notice (PILON)

    Changes to tax on termination pay in April 2018

    by Personnel Today 17 Aug 2016
    by Personnel Today 17 Aug 2016

    The Government has cut back proposed changes to taxing termination payments, issuing new draft legislation that is expected to come...

    • Case law
    • Discipline
    • Discipline and grievances

    Ill-health dismissals: Acas disciplinary code not applicable

    by Jane Hannon 11 Aug 2016
    by Jane Hannon 11 Aug 2016

    In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) confirmed that the Acas code of practice on disciplinary...

    • Age discrimination
    • Case law
    • Dismissal

    Default retirement age: five key trends since it hung up its boots

    by Stephen Simpson 8 Aug 2016
    by Stephen Simpson 8 Aug 2016

    It’s now five years since employers saw the abolition of the default retirement age. What impact has the removal of...

    • Tribunal Watch
    • Health and safety
    • Dismissal

    Greggs baker fairly dismissed for not washing hands

    by Stephen Simpson 4 Aug 2016
    by Stephen Simpson 4 Aug 2016

    An employment tribunal has held that Greggs fairly dismissed an experienced baker who did not wash his hands before returning...

    • Brexit
    • Discipline
    • Discipline and grievances

    Top 10 HR questions July 2016: Brexit

    by Personnel Today 2 Aug 2016
    by Personnel Today 2 Aug 2016

    As the result of the referendum on the UK’s membership of the EU sank in during July, employers began looking...

    • Reasonable adjustments
    • Childcare
    • Case law

    Five important employment law cases in 2016… and five more to come

    by Stephen Simpson 21 Jul 2016
    by Stephen Simpson 21 Jul 2016

    Your annual summer round-up of the most important employment law cases 2016 has seen so far, and those still to come…

    • Tribunal Watch
    • Bullying and harassment
    • Dismissal

    Dismissed worker argued racist term was “street talk”

    by Stephen Simpson 9 Jun 2016
    by Stephen Simpson 9 Jun 2016

    An employment tribunal held that an employee was fairly dismissed after using a racist term at work, despite his arguments...

    • Tribunal Watch
    • Criminal records
    • Dismissal

    Religious discrimination: Christian teacher’s dismissal for refusal to divorce sex offender

    by Stephen Simpson 23 May 2016
    by Stephen Simpson 23 May 2016

    The Employment Appeal Tribunal (EAT) has held that a Christian employee, dismissed for not divorcing her husband when he was...

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