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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.


    • Vexatious claims
    • Employment law
    • Dismissal

    Legal Opinion: ‘Employers’ charter’ or political double-speak?

    by Richard Miskella 18 Jan 2011
    by Richard Miskella 18 Jan 2011

    Reading the reports over the last few weeks that trail the coalition Government’s plans for employment law reform, it’s tempting to feel sorry...

    • Age discrimination
    • Employment law
    • Equality, diversity and inclusion

    Twelve weeks to go to until DRA abolition – are you prepared?

    by Personnel Today 14 Jan 2011
    by Personnel Today 14 Jan 2011

    The abolition of the default retirement age (DRA) has been a long time coming. Sian Thomas, director of social enterprise...

    • Age discrimination
    • Employment law
    • Equality, diversity and inclusion

    Government confirms abolition of Default Retirement Age

    by Laura Chamberlain 13 Jan 2011
    by Laura Chamberlain 13 Jan 2011

    The Government has confirmed that the Default Retirement Age (DRA) will be phased out from April this year, despite calls...

    • Employment law
    • Dismissal
    • Employment contracts

    Legal opinion: Flexible working in the age of austerity

    by Personnel Today 10 Jan 2011
    by Personnel Today 10 Jan 2011

    For many years there has been a general consensus that Europe and the UK have different approaches to employment law. This consensus is that...

    • Employment law
    • Dismissal
    • Recruitment & retention

    Government must delay scrapping default retirement age, says CBI

    by Laura Chamberlain 13 Dec 2010
    by Laura Chamberlain 13 Dec 2010

    The Government must delay scrapping the default retirement age (DRA) until it has filled the “legislative void” faced by employers,...

    • Employment law
    • Dismissal
    • Recruitment & retention

    Legal opinion: Abolition of the default retirement age

    by David Murphy 25 Nov 2010
    by David Murphy 25 Nov 2010

    The planned abolition of the default retirement age (DRA) offers HR professionals a silver bullet for their ongoing battle to persuade...

    • Auto-enrolment
    • Employment law
    • Latest News

    Pensions auto-enrolment and abolishing DRA a ‘double blow’ to small firms

    by Daniel Thomas 1 Nov 2010
    by Daniel Thomas 1 Nov 2010

    The Government’s decisions to remove the default retirement age (DRA) and oblige firms to auto-enrol all employees into a pension scheme will...

    • Employment law
    • HR practice
    • Dismissal

    Workers back government move to phase out retirement age

    by Daniel Thomas 29 Oct 2010
    by Daniel Thomas 29 Oct 2010

    Nearly half of the UK workforce backs the Government’s plans to phase out the default retirement age (DRA), according to new research...

    • Constructive dismissal
    • Employment law
    • Equality, diversity and inclusion

    Case of the week: Nixon v Ross Coates Solicitors and another

    by Alan Chalmers 18 Oct 2010
    by Alan Chalmers 18 Oct 2010

    Nixon v Ross Coates Solicitors and anotherFACTSMs Nixon was employed by Ross Coates Solicitors in Ipswich in a business development...

    • Employment law
    • Dismissal
    • Employment tribunals

    Former Royal Mail worker wins unfair dismissal claim over sick son

    by Laura Chamberlain 5 Oct 2010
    by Laura Chamberlain 5 Oct 2010

    A woman who was sacked for taking time off to care for her asthmatic son has been awarded £8,700 at...

    • Age discrimination
    • Employment law
    • Equality, diversity and inclusion

    Retirement age hike could mean bigger role for OH

    by Personnel Today 24 Aug 2010
    by Personnel Today 24 Aug 2010

    Government plans to phase out the default retirement age (DRA) next year could put extra responsibility on to OH professionals,...

    • Age discrimination
    • Employment law
    • Equality, diversity and inclusion

    Opinion: Abolition timescale of default retirement age is too rushed

    by Abigail Morris 19 Aug 2010
    by Abigail Morris 19 Aug 2010

    The timescale for the abolition of the default retirement age (DRA) is rushed and will hamper business during the economic...

    • Age discrimination
    • Employment law
    • Equality, diversity and inclusion

    Default retirement age: Employment relations minister Ed Davey writes exclusively for Personnel Today

    by Personnel Today 29 Jul 2010
    by Personnel Today 29 Jul 2010

    Personnel Today’s Ditch the Retirement Age campaign called on the last Government to remove the default retirement age in 2011....

    • Bullying and harassment
    • Employment law
    • Equality, diversity and inclusion

    Sacked Christian registrar Lillian Ladele wins holiday pay tribunal

    by Personnel Today 7 Jun 2010
    by Personnel Today 7 Jun 2010

    The Christian registrar who was found to have been lawfully dismissed after refusing to conduct civil ceremonies has now won...

    • Employment law
    • HR practice
    • Dismissal

    Weekly dilemma: sickness absence and dismissal

    by Personnel Today 24 May 2010
    by Personnel Today 24 May 2010

    Q An employee at our marketing firm recently slipped and fell at work. She carried on working for the rest...

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