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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

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    The Employment Equality (Age) Regulations 2006 (“the Regulations”) were repealed on 6 April 2011, meaning that retirement could no longer...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

    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)
    • Economics, government & business

    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...

    • 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,...

    • Employment law
    • Local authorities
    • 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...

    • Employment law
    • Local authorities
    • 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...

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