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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.


    • 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
    • Case law
    • Childcare

    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...

    • Case law
    • Health and safety
    • Discipline and grievances

    One-off serious mistakes at work: five key cases

    by Stephen Simpson 17 May 2016
    by Stephen Simpson 17 May 2016

    A mistake by a private security company during a training exercise led to a fake bomb being left in a...

    • Tribunal Watch
    • Alcohol and drug misuse
    • Dismissal

    Fair dismissal of line manager who refused workplace drug test

    by Stephen Simpson 16 May 2016
    by Stephen Simpson 16 May 2016

    An employment tribunal rejected an unfair dismissal claim by a line manager who was sacked when he refused to take...

    • Stress
    • Tribunal Watch
    • Disability discrimination

    Dismissal over erratic behaviour was disability discrimination

    by Stephen Simpson 29 Apr 2016
    by Stephen Simpson 29 Apr 2016

    An employment tribunal has held that it was discrimination arising from disability for an employee with mental health problems to...

    • Tribunal Watch
    • Reasonable adjustments
    • Bullying and harassment

    Disability discrimination: “pull yourself together” comment to employee with depression

    by Stephen Simpson 15 Apr 2016
    by Stephen Simpson 15 Apr 2016

    An employment tribunal has held that a director’s comment to an employee with depression that “everyone gets depressed sometimes, you...

    • Case law
    • Discipline
    • Dismissal

    Sickness absence: four steps in dealing with malingerers  

    by Catharine Cooksley 5 Apr 2016
    by Catharine Cooksley 5 Apr 2016

    How does HR manage employees whose absence patterns or other evidence suggest they are malingerers? Catharine Cooksley looks at recent...

    • Tribunal Watch
    • Dismissal
    • Unfair dismissal

    Fair misconduct dismissal of employee “pulling a sickie”

    by Stephen Simpson 29 Mar 2016
    by Stephen Simpson 29 Mar 2016

    An employee on sick leave who was found to have exaggerated the effects of an injury caused by a slip...

    • Compassionate leave
    • Age discrimination
    • Apprenticeships

    Six interesting facts about employment law in Ireland

    by Sarah Anderson 17 Mar 2016
    by Sarah Anderson 17 Mar 2016

    Employers in the Republic of Ireland have to pay a contribution of employees’ earnings to a national training fund and...

    • Adoption
    • Shared parental leave
    • Dismissal

    Q&A: Providing a written statement of reasons for dismissal

    by Personnel Today 11 Mar 2016
    by Personnel Today 11 Mar 2016

    Some employees have an automatic right to a written statement of reasons for dismissal, others are entitled only if they...

    • Tribunal Watch
    • Discipline
    • Discipline and grievances

    Dismissal of worker who described bosses as “fascist”

    by Stephen Simpson 29 Jan 2016
    by Stephen Simpson 29 Jan 2016

    An employment tribunal held that an employee on a final warning was fairly dismissed after becoming aggressive during a meeting...

    • Employee relations
    • Discipline
    • Dismissal

    Managing poor performance at work: five common scenarios for HR

    by Huw Cooke 26 Jan 2016
    by Huw Cooke 26 Jan 2016

    Managing poor performance is rarely simple or swift, particularly for those employers with detailed capability procedures in place. Huw Cooke...

    • Case law
    • Discipline
    • Discipline and grievances

    Ten ways disciplinary procedures can go wrong for employers

    by Katherine Pope 25 Jan 2016
    by Katherine Pope 25 Jan 2016

    There is nothing more frustrating for employers than discovering that an employee dismissed for blatant misconduct has an arguable claim...

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