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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
    • HR practice
    • Dismissal

    Weekly dilemma: Employees working elsewhere during sick leave

    by Personnel Today 27 Sep 2011
    by Personnel Today 27 Sep 2011

    I have been paying sick pay to one of my part-time employees during a period of absence on medical grounds,...

    • Local authorities
    • Employment law
    • Latest News

    Council worker unfairly dismissed to avoid pension costs

    by John Eccleston 9 Sep 2011
    by John Eccleston 9 Sep 2011

    A worker suffered age discrimination and was unfairly dismissed from his role in a leisure centre because his local authority...

    • Employment law
    • Data protection
    • Discipline

    Weekly dilemma: Careless employees

    by Personnel Today 31 Aug 2011
    by Personnel Today 31 Aug 2011

    One of my employees has just sent the company’s entire salary list to all our staff. This has caused uproar...

    • Local authorities
    • Employment law
    • Equality, diversity and inclusion

    Case of the week: South Tyneside Council v Ward

    by Guy Lamb 29 Aug 2011
    by Guy Lamb 29 Aug 2011

    South Tyneside Council v WardFACTSMrs Ward had worked for the employer since 1987. In 2003, Mrs Ward’s team moved offices...

    • Constructive dismissal
    • Employment law
    • Dismissal

    Case of the week: McBride v Falkirk Football & Athletic Club

    by Clare Gregory 9 Aug 2011
    by Clare Gregory 9 Aug 2011

    McBride v Falkirk Football & Athletic ClubFACTSIn December 2008, Mr May became overall manager of Falkirk Football & Athletic Club....

    • Employment law
    • Dismissal
    • Unfair dismissal

    Supreme Court rejects appeal against Sharon Shoesmith ruling

    by Laura Chamberlain 2 Aug 2011
    by Laura Chamberlain 2 Aug 2011

    The Department for Education (DfE) and Haringey Council’s applications to challenge the ruling of unfair dismissal in the Sharon Shoesmith...

    • Employment law
    • Dismissal
    • Opinion

    Accountability: Lessons from the Sharon Shoesmith case

    by Richard Fox 18 Jul 2011
    by Richard Fox 18 Jul 2011

    There may be more than one or two senior executives at News Corporation thinking about their position right now, amid...

    • Employment law
    • Dismissal

    Quick guide to incapacity dismissals

    by Personnel Today 15 Jul 2011
    by Personnel Today 15 Jul 2011

    Sickness absence can be costly to employers, but so too can litigation if organisations fail to consider the legal issues...

    • Reasonable adjustments
    • Employment law
    • Equality, diversity and inclusion

    Stroke patient awarded £400,000 in disability discrimination case

    by Laura Chamberlain 11 Jul 2011
    by Laura Chamberlain 11 Jul 2011

    A man who was dismissed from his job following a stroke has been awarded nearly £400,000 in compensation for disability...

    • Employment law
    • Dismissal
    • Fixed-term contracts

    Weekly dilemma: Fixed-term contracts

    by Personnel Today 3 May 2011
    by Personnel Today 3 May 2011

    I need to cut costs at my company, and I am thinking about introducing fixed-term contracts for new staff. Some...

    • Employment law
    • Equality, diversity and inclusion
    • HR practice

    Weekly dilemma: Abolition of the default retirement age

    by Personnel Today 23 Mar 2011
    by Personnel Today 23 Mar 2011

    I’ve heard that the default retirement age (DRA) is being scrapped soon. What do I need to be aware of,...

    • Employment law
    • Equality, diversity and inclusion
    • Dismissal

    Case of the week: Arhin v Enfield Primary Care Trust

    by Personnel Today 21 Mar 2011
    by Personnel Today 21 Mar 2011

    Arhin v Enfield Primary Care TrustFACTSDr Arhin was employed as a consultant and assistant director by Enfield Primary Care Trust....

    • Bonuses
    • Employment law
    • Dismissal

    Weekly dilemma: Dismissal before a bonus falls due

    by Personnel Today 16 Mar 2011
    by Personnel Today 16 Mar 2011

    We have a senior employee who is underperforming and we want him to go right away. We plan to pay...

    • Employment law
    • Dismissal
    • Employment tribunals

    Case of the week: Mehta v Child Support Agency

    by Kate Macpherson 31 Jan 2011
    by Kate Macpherson 31 Jan 2011

    Mehta v Child Support AgencyFACTSMs Mehta brought unfair dismissal proceedings against her former employer, the Child Support Agency (CSA). Ms...

    • Employment law
    • Dismissal

    Weekly dilemma: Compromise agreements

    by Personnel Today 19 Jan 2011
    by Personnel Today 19 Jan 2011

    One of my employees isn’t working out, and rather than go through a disciplinary process I want to offer him...

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