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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.


    • Bullying and harassment
    • Employment law
    • Dismissal

    Compensated no-fault dismissals ‘unnecessary’, say business groups

    by Laura Chamberlain 7 Jun 2012
    by Laura Chamberlain 7 Jun 2012

    Business groups have questioned controversial plans to introduce compensated no-fault dismissals for micro-businesses, arguing that they will do little to...

    • Employment law
    • Dismissal
    • SME

    No-fault dismissals are not the solution to underperformance

    by Professor Cary Cooper 25 May 2012
    by Professor Cary Cooper 25 May 2012

    Cary Cooper, professor of organisational psychology and health at Lancaster University, considers the Beecroft Report’s recommendations on addressing employee underperformance.There...

    • Employment law
    • Dismissal
    • Redundancy

    Case of the week: Bon Groundwork Ltd v Foster

    by Clare Gregory 22 May 2012
    by Clare Gregory 22 May 2012

    Bon Groundwork Ltd v FosterFACTSMr Foster was employed by Bon Groundwork from 1997. He was laid off without pay on...

    • Bullying and harassment
    • Employment law
    • Dismissal

    How strong is the case for compensated no-fault dismissal?

    by Jo Faragher 22 May 2012
    by Jo Faragher 22 May 2012

    In March, the coalition Government issued a call for evidence on making the dismissal process simpler, with a view to introducing...

    • Employment law
    • Dismissal
    • Employment tribunals

    Sleeping night workers’ ‘rest break’ claim rejected

    by Personnel Today 20 Apr 2012
    by Personnel Today 20 Apr 2012

    Two night-shift care workers who were sacked after being found asleep on duty and who claimed they were “asserting the right...

    • Bullying and harassment
    • Employment law
    • Dismissal

    Compensated no-fault dismissals: the case for and against

    by Michael Bradshaw 12 Apr 2012
    by Michael Bradshaw 12 Apr 2012

    In March 2012, the coalition Government issued a call for evidence on making the dismissal process “simpler, quicker and clearer”...

    • Employment law
    • Department for Business and Trade (DBT)
    • Latest News

    Cable launches call for evidence on ‘onerous’ dismissal rules

    by John Eccleston 15 Mar 2012
    by John Eccleston 15 Mar 2012

    The Government has today announced the publication of a call for evidence that could result in an overhaul of the dismissal...

    • Vexatious claims
    • Employment law
    • Latest News

    Osborne hints at no-fault dismissals for small businesses

    by John Eccleston 7 Mar 2012
    by John Eccleston 7 Mar 2012

    Chancellor George Osborne has suggested that compensated no-fault dismissals could be introduced for what he called “the smallest businesses” in...

    • Employment law
    • Dismissal
    • Employment tribunals

    Legal opinion: Are employers unknowingly at risk of tribunal claims under the transitional retirement provisions?

    by Jonathan Bruck 5 Mar 2012
    by Jonathan Bruck 5 Mar 2012

    The Employment Equality (Age) Regulations 2006 (“the Regulations”) were repealed on 6 April 2011, meaning that retirement could no longer...

    • Employment law
    • Local authorities
    • Dismissal

    Case of the week: Dundee City Council v Sharp

    by Kate Hodgkiss 16 Jan 2012
    by Kate Hodgkiss 16 Jan 2012

    Dundee City Council v SharpFACTSMr Sharp was employed by Dundee City Council for 35 years until his dismissal in September...

    • Employment law
    • Equality, diversity and inclusion
    • Dismissal

    Weekly dilemma: Dismissal of an employee whose husband works for a competitor

    by Personnel Today 11 Jan 2012
    by Personnel Today 11 Jan 2012

    One of my senior planning department employees has recently got married. Her new husband works for our fiercest competitor and...

    • Auto-enrolment
    • Employment law
    • Maternity

    2012 employment law changes: six things employers need to know

    by Personnel Today 20 Dec 2011
    by Personnel Today 20 Dec 2011

    Every year brings with it some important new employment legislation for the employer to negotiate. Whether related to unfair dismissal,...

    • Employment law
    • Equality, diversity and inclusion
    • Dismissal

    Doctor awarded £4.5 million in sex and race discrimination case

    by Laura Chamberlain 16 Dec 2011
    by Laura Chamberlain 16 Dec 2011

    A doctor who was dismissed from her position at a hospital in Yorkshire has been awarded £4.5 million after winning...

    • Employment law
    • Dismissal
    • Unfair dismissal

    Case of the week: Zulhayir v JJ Food Service Ltd

    by Clare Gregory 8 Nov 2011
    by Clare Gregory 8 Nov 2011

    Zulhayir v JJ Food Service LtdFACTSMr Zulhayir was a delivery driver for JJ Food Service Ltd. Mr Zulhayir was on...

    • Employment law
    • Department for Business and Trade (DBT)
    • Department for Work and Pensions

    Government’s mish-mash review of employment law is creating fear

    by Joanne Owers 28 Oct 2011
    by Joanne Owers 28 Oct 2011

    The adage that “too many cooks spoil the broth” is never more accurate than when applied to employment law. Joanne...

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