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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.


    • Employment law
    • Discipline and grievances
    • Dismissal

    Misconduct dismissals: ruling shows risks of HR involvement

    by Akshay Choudhry 4 Dec 2015
    by Akshay Choudhry 4 Dec 2015

    A recent case where an HR team advised a line manager to dismiss an employee highlights the risks of HR...

    • Dismissal
    • HR Podcasts

    What are “some other substantial reason” dismissals? (podcast)

    by Clio Springer 25 Nov 2015
    by Clio Springer 25 Nov 2015

    When can an employer rely on “some other substantial reason” (SOSR) to dismiss, for the dismissal to be fair?

    SOSR...

    • Tribunal Watch
    • Case law
    • Discipline

    No payout for London Zoo keeper unfairly dismissed over Christmas party fight

    by Stephen Simpson 23 Nov 2015
    by Stephen Simpson 23 Nov 2015

    A London Zoo meerkat handler who got into a Christmas party fight with...

    • Tribunal Watch
    • Employment law
    • Discipline

    Bank worker who licked – then punched – colleague at party was fairly dismissed

    by Stephen Simpson 16 Nov 2015
    by Stephen Simpson 16 Nov 2015

    The EAT has held that a bank worker who licked the face of a colleague...

    • Puerto Rico
    • USA
    • Discrimination

    Ten notable facts about Puerto Rico labour law

    by Felicity Alexander 12 Nov 2015
    by Felicity Alexander 12 Nov 2015

    Employers in Puerto Rico must take account of both US federal and Puerto Rico labour law. This dual legal system...

    • Case law
    • Employment law
    • Dismissal

    Wrongful dismissal: risks of trawling through an employee’s past

    by Andy Carruthers 29 Oct 2015
    by Andy Carruthers 29 Oct 2015

    The case of Williams v Leeds United FC seems to show the benefits of so-called “fishing expeditions”, or trawling through...

    • Alcohol and drug misuse
    • Absence
    • Case law

    Halloween in the workplace: five legal issues to scare employers

    by Stephen Simpson 26 Oct 2015
    by Stephen Simpson 26 Oct 2015

    Halloween is becoming an increasingly extravagant and high-profile event in the UK, having traditionally lagged behind US celebrations each October....

    • Tribunal Watch
    • Dismissal
    • Unfair dismissal

    Some-other-substantial-reason dismissal when client refused to have employee on site was fair

    by Stephen Simpson 13 Oct 2015
    by Stephen Simpson 13 Oct 2015

    An employer fairly dismissed an employee for “some other substantial reason” when the client refused to have her back on...

    • Employment law
    • Dismissal
    • Employment contracts

    Notice periods: 10 employers’ questions on UK law

    by Ashok Kanani 23 Sep 2015
    by Ashok Kanani 23 Sep 2015

    What do employers need to know about notice periods on the termination of employment? Ashok Kanani answers the top 10...

    • Case law
    • Health and safety
    • Dismissal

    Unfair dismissal on health and safety grounds of long-serving employee

    by Clare Gregory 22 Sep 2015
    by Clare Gregory 22 Sep 2015

    In DLA Piper’s latest case report, the Court of Appeal considered the familiar question of when an employment tribunal can...

    • Tribunal Watch
    • Employment law
    • Occupational Health

    MoD dismissal of sick worker who appeared as medium judged fair

    by Stephen Simpson 21 Sep 2015
    by Stephen Simpson 21 Sep 2015

    A Ministry of Defence (MoD) employee was fairly dismissed for making public appearances as a medium while on sick leave,...

    • Dismissal
    • Garden leave
    • Notice periods

    How could changes to tax-free termination payments affect employers?

    by Matt Gingell 15 Sep 2015
    by Matt Gingell 15 Sep 2015

    As part of the Summer Budget, the Chancellor announced plans to change the tax treatment of termination payments and the...

    • Tribunal Watch
    • Case law
    • Disability discrimination

    Mother dismissed over absenteeism suffered sex discrimination

    by Stephen Simpson 14 Sep 2015
    by Stephen Simpson 14 Sep 2015

    An insurance company committed sex discrimination against a mother dismissed over absenteeism linked to her daughter’s ill health, an employment...

    • Case law
    • Dismissal
    • Unfair dismissal

    Heat-of-the-moment dismissals: were these employees sacked or did they resign?

    by Stephen Simpson 4 Sep 2015
    by Stephen Simpson 4 Sep 2015

    What happens if a manager or small business owner gets into an argument with an employee, and ends up saying...

    • Tribunal Watch
    • Dismissal
    • Unfair dismissal

    Unfair dismissal: small business instantly dismissed employee during argument

    by Stephen Simpson 24 Aug 2015
    by Stephen Simpson 24 Aug 2015

    An employee was unfairly dismissed when he was told to “not bother coming back on Monday” during an argument with...

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