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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
    • Dismissal
    • Employment tribunals

    Case of the week: Mitchells of Lancaster (Brewers) Limited v Tattersall

    by Kate Hodgkiss 20 Aug 2012
    by Kate Hodgkiss 20 Aug 2012

    Mitchells of Lancaster (Brewers) Ltd v TattersallFACTSMitchells of Lancaster (Mitchells) is a brewer and owner of public houses. Mr Tattersall...

    • Employment law
    • Dismissal
    • Sickness absence management

    Legal opinion: Are protected conversations an exciting new initiative or counterproductive for employers?

    by Robert Dixon 30 Jul 2012
    by Robert Dixon 30 Jul 2012

    The coalition Government, in an effort to encourage the greater use of compromise agreements (or settlement agreements as they are...

    • Employment law
    • Dismissal
    • Opinion

    Legal opinion: Reform of compensation for unfair dismissal

    by Personnel Today 10 Jul 2012
    by Personnel Today 10 Jul 2012

    Christopher Fisher and Purvis Ghani from law firm Mayer Brown look into the proposal to give the Secretary of State...

    • Employment law
    • Dismissal
    • Settlement agreements

    Settlement agreements: a fast-track to dismissal?

    by Personnel Today 9 Jul 2012
    by Personnel Today 9 Jul 2012

    Could the introduction of settlement agreements give organisations an easier route to dismissing staff? John Charlton reports.If proposed legislation goes...

    • Employment law
    • Dismissal
    • Employment contracts

    Case of the week: Quashie v Stringfellows Restaurants Ltd

    by Mary Clarke 5 Jul 2012
    by Mary Clarke 5 Jul 2012

    Quashie v Stringfellows Restaurants LtdFACTSMs Quashie worked as a lapdancer in a Stringfellows club. Her services were terminated and she...

    • Employment law
    • Dismissal
    • Unfair dismissal

    Top five mistakes made by employers when dismissing staff

    by Luke Smith 26 Jun 2012
    by Luke Smith 26 Jun 2012

    Dismissing an employee is one of the most difficult things that an employer has to do. The cost of making...

    • Employment law
    • Dismissal
    • Settlement agreements

    Government to unveil ‘settlement agreements’ for dismissals

    by John Eccleston 11 Jun 2012
    by John Eccleston 11 Jun 2012

    The Government is to announce the introduction of settlement agreements, designed to enable employers to encourage employees to leave in...

    • 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...

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