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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.


    • Case law
    • Constructive dismissal
    • Dispute resolution

    Personality clashes in the workplace: five interesting employment cases

    by Stephen Simpson 27 Feb 2015
    by Stephen Simpson 27 Feb 2015

    Personality clashes are the third most common cause of workplace conflict, according to an XpertHR survey. In what circumstances can...

    • Case law
    • Discipline
    • Discipline and grievances

    Misconduct outside the workplace: five key employment cases

    by Ashok Kanani 24 Feb 2015
    by Ashok Kanani 24 Feb 2015

    The recent allegations against a group of Chelsea supporters highlight how employee misconduct outside the workplace can cause difficulties for...

    • Case law
    • Employment law
    • Department for Education

    Could teacher suspensions open schools up to legal claims?

    by Jo Faragher 21 Jan 2015
    by Jo Faragher 21 Jan 2015

    The decision by schools to take action against staff amid confusion over child protection rules could potentially expose them to...

    • Dismissal
    • Employment tribunals

    Why “protected conversations” are not always protected

    by David Malamatenios 9 Dec 2014
    by David Malamatenios 9 Dec 2014

    The idea of “protected conversations” is to allow employers to enter into off-the-record conversations with a view to agreeing the...

    • Case law
    • Bullying and harassment
    • Dismissal

    Does the costly BBC case shed light on when to settle tribunal claims?

    by Vanessa James 24 Sep 2014
    by Vanessa James 24 Sep 2014

    A recent tribunal where the former BBC technology chief was found to be unfairly dismissed ended up costing the corporation...

    • NHS
    • Discipline
    • Discipline and grievances

    NHS trust had no contractual right to increase disciplinary sanction on appeal

    by Mary Clarke 23 Sep 2014
    by Mary Clarke 23 Sep 2014

    In DLA Piper’s latest case report, the Court of Appeal held that an employer does not have the right to...

    • Tribunal Watch
    • Vexatious claims
    • Dismissal

    Tribunal watch: Sharon Shoesmith receives £680,000 payout over dismissal

    by Stephen Simpson 28 Jul 2014
    by Stephen Simpson 28 Jul 2014

    Reports suggest that Sharon Shoesmith, former director of children’s services for the London Borough of Haringey, has been awarded more...

    • Benefits
    • Europe
    • Personnel Today

    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...

    • Age discrimination
    • Tribunal Watch
    • 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...

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Personnel Today
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