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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.


    • 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
    • Dismissal

    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...

    • 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...

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Personnel Today
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