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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.


    • 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...

    • Employment law
    • Dismissal
    • Human rights

    Court of Appeal says unfair dismissal complies with human rights rules

    by Jo Faragher 21 Nov 2012
    by Jo Faragher 21 Nov 2012

    The Court of Appeal has established that employers should have confidence in unfair dismissal rules, even where an employee has...

    • Constructive dismissal
    • Employment law
    • Dismissal

    Legal opinion: UBS employees locked out before consultation begins

    by Joanne Owers 12 Nov 2012
    by Joanne Owers 12 Nov 2012

    Around 100 fixed income traders based at the London office of the Swiss bank UBS suffered the embarrassment of arriving...

    • Absence
    • Employment law
    • HR practice

    DWP fired hundreds of staff for not turning up to work

    by Laura Chamberlain 19 Oct 2012
    by Laura Chamberlain 19 Oct 2012

    The Department for Work and Pensions (DWP) dismissed 672 people last year for unsatisfactory attendance, a Freedom of Information Act...

    • Employment law
    • Dismissal
    • Settlement agreements

    Does the law on performance dismissals need to be changed?

    by Darren Newman 5 Oct 2012
    by Darren Newman 5 Oct 2012

    The ability of employers to deal with underperforming staff has been under the spotlight in recent months, with some business groups...

    • Employment law
    • Dismissal
    • Opinion

    Is there a right way to let someone go?

    by Adrian Wakeling 4 Oct 2012
    by Adrian Wakeling 4 Oct 2012

    Imagine a typical redundancy scenario. Employee A is about to be told they are losing their job. Employee B is...

    • Employment law
    • Dismissal
    • Legal opinion

    Legal opinion: When can an employee be dismissed due to a breach of trust and confidence?

    by Susanna Gilmartin 17 Sep 2012
    by Susanna Gilmartin 17 Sep 2012

    Implied in every contract of employment is a term that requires both employers and employees to avoid behaving in such...

    • Employment law
    • Dismissal

    Dismissal: employment law myths

    by Jeya Thiruchelvam 7 Sep 2012
    by Jeya Thiruchelvam 7 Sep 2012

    Unfair dismissal continues to be one of the most common types of employment tribunal claim pursued by employees (according to...

    • NHS
    • Employee relations
    • Employment law

    Case of the week: R (on the application of Bakhsh) v Northumberland Tyne & Wear NHS Foundation Trust

    by Mike Burns 3 Sep 2012
    by Mike Burns 3 Sep 2012

    R (on the application of Bakhsh) v Northumberland Tyne & Wear NHS Foundation TrustFACTSMr Bakhsh was employed as a mental...

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