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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.


    • Benefits
    • Personnel Today
    • Europe

    Recruitment and dismissal in Europe: what employers need to know

    by Ann Bevitt and Caroline Stakim 8 May 2014
    by Ann Bevitt and Caroline Stakim 8 May 2014

    Recruitment and dismissal can be problematic for businesses, particularly when employers are unaware of the legal consequences of their actions....

    • Dismissal
    • Fixed-term contracts
    • Redundancy

    Legal Q&A: Terminating fixed-term contracts

    by Akshay Choudhry 28 Apr 2014
    by Akshay Choudhry 28 Apr 2014

    The use of fixed-term contracts is widespread across many industries and business sectors. However, while simple on the face of...

    • Tribunal Watch
    • Age discrimination
    • Local authorities

    Tribunal watch: £22,000 award against council following flexible retirement confusion

    by Stephen Simpson 7 Apr 2014
    by Stephen Simpson 7 Apr 2014

    An employment tribunal has ordered Perth & Kinross Council to pay more than £22,000 to a long-serving employee winding down...

    • Discipline and grievances
    • Dismissal
    • Opinion

    HR and the employee’s “inner chimp”

    by Josh Sunsoa 26 Mar 2014
    by Josh Sunsoa 26 Mar 2014

    With workplace disciplinaries on the rise, HR frequently has to deal with angry employees who feel their trust has been...

    • Discipline
    • Discipline and grievances
    • Dismissal

    Gross misconduct: is dismissal always the right penalty?

    by Lucy Morris 11 Mar 2014
    by Lucy Morris 11 Mar 2014

    Dismissal may not always be found to be a reasonable and fair decision, even where there is a finding of...

    • Discipline
    • Dismissal
    • Employment tribunals

    No discrimination against Christian dismissed for how she shared belief

    by Alan Chalmers 11 Mar 2014
    by Alan Chalmers 11 Mar 2014

    In DLA Piper’s case of the week, the Employment Appeal Tribunal (EAT) examined the dividing line between the innocent expression...

    • Russia
    • Employment law
    • Discrimination

    Employment law in Russia: six things you need to know

    by Jo Faragher 21 Feb 2014
    by Jo Faragher 21 Feb 2014

    This year’s Winter Olympics in Sochi attracted controversy long before the lights went up on last weekend’s opening ceremony. Activists...

    • Employee-shareholders
    • Employment law
    • Dismissal

    Employment status: Church of England clergyman can proceed with employment claims

    by DLA Piper 3 Feb 2014
    by DLA Piper 3 Feb 2014

    In DLA Piper’s case report, the Employment Appeal Tribunal (EAT) allowed the appeal of a Church of England minister whose...

    • Dismissal
    • Unfair dismissal

    Effective date of termination when third party informs employee of dismissal

    by DLA Piper 11 Dec 2013
    by DLA Piper 11 Dec 2013

    In DLA Piper’s latest case report, the Employment Appeal Tribunal considered the effective date of termination in a case in...

    • Case law
    • Dismissal

    Dismissal not termination by mutual consent when employee’s work for specific client ran out

    by Jessica Smith 13 Nov 2013
    by Jessica Smith 13 Nov 2013

    In DLA Piper’s case of the week, the claimant successfully argued that he was dismissed when the work that he...

    • Constructive dismissal
    • Employee relations
    • Dispute resolution

    The qualification for a constructive dismissal claim

    by Personnel Today 14 Oct 2013
    by Personnel Today 14 Oct 2013

    Daniel Isaac, a partner in the employment team at Withers, answers the key questions on which a claim for unfair...

    • Employee-shareholders
    • Corporate governance
    • Employment law

    Four employment law changes commencing 1 October 2013

    by Eleanor Gelder 25 Sep 2013
    by Eleanor Gelder 25 Sep 2013

    Following a busy summer of employment law changes in June, July and September, there are further new measures coming into...

    • Employment law
    • Dismissal
    • Settlement agreements

    Pre-termination negotiations and managing exits

    by Personnel Today 9 Sep 2013
    by Personnel Today 9 Sep 2013

    Following the Acas code on pre-termination contracts should help you find an obstacle-free path to dismissing staff, explains solicitor Emma...

    • Employment law
    • Dismissal
    • Opinion

    Dismissing fairly after a request from a third party

    by Eric Gilligan and Peter McCorkell 1 Aug 2013
    by Eric Gilligan and Peter McCorkell 1 Aug 2013

    In an intensely competitive commercial environment it is a real challenge winning and retaining clients and ensuring that they are...

    • Service provision changes
    • Employment law
    • Latest News

    Five employment law changes that come into force on 29 July 2013

    by Madeleine Graham 29 Jul 2013
    by Madeleine Graham 29 Jul 2013

    Hot on the heels of June’s employment law changes come another raft of measures, relevant to all organisations, which come...

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