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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
    • 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...

    • Employee relations
    • Constructive dismissal
    • 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...

    • 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...

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