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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.


    • 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...

    • Health and safety
    • Dismissal
    • Modern slavery

    Top 10 HR questions July 2015: “Some other substantial reason”

    by Personnel Today 4 Aug 2015
    by Personnel Today 4 Aug 2015

    New FAQs covering various aspects of dismissal were among the most popular on XpertHR in July, including one on the...

    • South America
    • Dismissal
    • Information & consultation

    Employment law in Chile: Seven interesting facts

    by Laura Merrylees 2 Jul 2015
    by Laura Merrylees 2 Jul 2015

    Chile is host to many multinational businesses, and has one of the highest rates of working hours in the world....

    • Constructive dismissal
    • Dismissal
    • Sickness absence

    Live Q&A webinar: Managing dismissals

    by Susan Dennehy 23 Jun 2015
    by Susan Dennehy 23 Jun 2015

    ON-DEMAND | When it comes to dismissing an employee, even the most experienced HR professional can struggle. Unfair dismissal law remains extremely complex and getting it wrong can be expensive.

    • Bonuses
    • Dismissal
    • Incentives

    How to get the most out of good leaver/bad leaver provisions

    by Kate Schmit and Nicholas Atkins 12 Jun 2015
    by Kate Schmit and Nicholas Atkins 12 Jun 2015

    Kate Schmit and Nicholas Atkins look at the use of good leaver/bad leaver provisions to incentivise employees, and suggest that...

    • Discipline
    • Discipline and grievances
    • Dismissal

    Unfair dismissal quiz: Are these employers’ harsh dismissals fair or unfair?

    by Stephen Simpson 12 Jun 2015
    by Stephen Simpson 12 Jun 2015

    The classic “range of reasonable responses test” in unfair dismissal cases means that a harsh dismissal is not necessarily an...

    • Discipline
    • Dismissal
    • Legal opinion

    Employee misconduct: how to protect the business

    by Yvonne Gallagher 10 Jun 2015
    by Yvonne Gallagher 10 Jun 2015

    A business faced with potentially serious employee misconduct, particularly by someone senior, will face some difficult choices and risks. Yvonne...

    • Tribunal Watch
    • Reasonable adjustments
    • Alcohol and drug misuse

    Tribunal watch: Unfair dismissal for smelling of alcohol at work

    by Stephen Simpson 8 Jun 2015
    by Stephen Simpson 8 Jun 2015

    An employment tribunal has held that an NHS worker was unfairly dismissed after a colleague reported him for smelling of...

    • Case law
    • Discipline
    • Discipline and grievances

    Disciplinary procedures: six common mistakes made by inexperienced managers

    by Fiona Cuming 4 Jun 2015
    by Fiona Cuming 4 Jun 2015

    Employers often spend a large amount of time drafting a fair disciplinary policy, but fail to give the same attention...

    • Case law
    • Bullying and harassment
    • Dismissal

    April Fool’s Day: when workplace pranks go wrong

    by Stephen Simpson 1 Apr 2015
    by Stephen Simpson 1 Apr 2015

    Workplace pranks are harmless fun most of the time, but there are occasions when a practical joke in the workplace...

    • Discipline
    • Dismissal

    Jeremy Clarkson sacked by BBC

    by Rob Moss 25 Mar 2015
    by Rob Moss 25 Mar 2015

    The BBC has confirmed that it will not renew Jeremy Clarkson’s contract. Tony Hall, the BBC director-general, released the following...

    • Age discrimination
    • Tribunal Watch
    • Sexual harassment

    Tribunal watch: Unfair dismissal of manager “forced to dress up as Santa”

    by Stephen Simpson 9 Mar 2015
    by Stephen Simpson 9 Mar 2015

    An employment tribunal has held that a manager was constructively dismissed after he was forced to dress up as Father...

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