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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

    Can you dismiss an employee for raising multiple unfounded grievances?

    by Laurence O'Neill and Emma Mcloughlin 23 Jul 2013
    by Laurence O'Neill and Emma Mcloughlin 23 Jul 2013

    The case of Woodhouse v West North West Homes Leeds Ltd has highlighted the difficulties for employers faced with how...

    • Employee relations
    • Employment law
    • Dismissal

    Legal opinion: New limits on unfair dismissal compensation

    by Nick Ralph 17 Jul 2013
    by Nick Ralph 17 Jul 2013

    With effect from 29 July 2013, a new limit on the unfair dismissal compensatory award is to be introduced. It...

    • Case law
    • Employment law
    • Discipline

    Acas code applied to dismissal for breakdown in trust and confidence

    by Mary Clarke 3 Jul 2013
    by Mary Clarke 3 Jul 2013

    In this case, reported by DLA Piper, the Employment Appeal Tribunal (EAT) held that the Acas code of practice on...

    • Employment law
    • Latest News
    • HR practice

    Conduct dismissals: Avoiding the common pitfalls (webinar)

    by Personnel Today 1 Jul 2013
    by Personnel Today 1 Jul 2013

    Available on demand
    Making a mistake during the dismissal process can be costly in terms of time and money and...

    • Employment law
    • Equality, diversity and inclusion
    • Dismissal

    Legal opinion: Victimisation for not informing employer of discrimination claim

    by Justin Govier 29 Apr 2013
    by Justin Govier 29 Apr 2013

    An employment tribunal has found in favour of a city banker’s claim that she was victimised when her employer dismissed...

    • Age discrimination
    • Case law
    • Employment law

    Case of the week: Lloyd v BCQ Group Ltd

    by Benedict Gorner 25 Mar 2013
    by Benedict Gorner 25 Mar 2013

    Lloyd v BCQ Group LtdFACTSMr Lloyd was employed by BCQ Group Ltd from 1978. In May 2007, he suffered a...

    • Employment law
    • Dismissal
    • Payment in lieu of notice (PILON)

    Case of the week: Société Genérale, London Branch v Geys

    by Nicholas Jew 25 Feb 2013
    by Nicholas Jew 25 Feb 2013

    Société Genérale, London Branch v GeysFACTSMr Geys was employed by Société Genérale, London Branch from February 2005 as a managing...

    • Employment law
    • Compensation
    • Latest News

    Legal Opinion: Compromise agreements and the public interest

    by Michael Scutt 19 Feb 2013
    by Michael Scutt 19 Feb 2013

    Solicitor Michael Scutt looks at the legal position behind the debate on so-called “gagging” clauses in compromise agreements. Who says...

    • Constructive dismissal
    • Employment law
    • Dismissal

    Case of the week: Logan v Celyn House Ltd

    by Mary Clarke 8 Feb 2013
    by Mary Clarke 8 Feb 2013

    Logan v Celyn House LtdFACTSMrs Logan was employed as a veterinary nurse by Celyn House Ltd from September 2008. Under...

    • Employment law
    • Dismissal
    • Unfair dismissal

    Dismissals for allegedly threatening behaviour: were these fair?

    by Personnel Today 29 Jan 2013
    by Personnel Today 29 Jan 2013

    How should you deal with an employee who engages in allegedly threatening behaviour towards a colleague? This issue has been...

    • Employment law
    • Dismissal
    • Employment tribunals

    Case of the week: Jefferson (Commercial) LLP v Westgate

    by Gurpreet Duhra 22 Jan 2013
    by Gurpreet Duhra 22 Jan 2013

    Jefferson (Commercial) LLP v WestgateFACTSMr Westgate was employed by Jefferson (Commercial) LLP from 2002. By September 2010, the employer had...

    • Employment law
    • Latest News
    • Economics, government & business

    Government proposes cap on unfair dismissal payouts

    by John Eccleston 17 Jan 2013
    by John Eccleston 17 Jan 2013

    The Government has published its response to the consultation on “ending the employment relationship”, which includes its intention to reduce...

    • Employment law
    • Dismissal
    • Unfair dismissal

    Case of the week: Welton v Deluxe Retail Ltd (t/a Madhouse)

    by Clare Gregory 17 Jan 2013
    by Clare Gregory 17 Jan 2013

    Welton v Deluxe Retail Ltd (t/a Madhouse)FACTSMr Welton worked at a store in Sheffield that closed down, and his employment...

    • Employee-shareholders
    • Acas
    • Employee relations

    2013 employment law changes: 10 things employers need to know

    by Personnel Today 2 Jan 2013
    by Personnel Today 2 Jan 2013

    Every year brings with it some important new legislation for employers to negotiate. Whether related to employment tribunals, employee-shareholder contracts,...

    • Employment law
    • Dismissal

    Christmas party punch-ups: were these fair dismissals?

    by Stephen Simpson 6 Dec 2012
    by Stephen Simpson 6 Dec 2012

    How would you deal with an employee who gets into a brawl with a colleague at the Christmas party, when...

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