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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.


    • 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...

    • Business performance
    • Employment law
    • Latest News

    Prison managers disciplined for trying to rig inspections

    by Personnel Today 20 Oct 2009
    by Personnel Today 20 Oct 2009

    Five prison bosses could face the sack after moving inmates between jails in an attempt to fool the Chief Inspector...

    • Employee relations
    • Employment law
    • Dispute resolution

    KPMG director faces jail for expenses fraud

    by Kat Baker 26 Aug 2009
    by Kat Baker 26 Aug 2009

    A KPMG director has been convicted of stealing £545,000 through expenses claims and could now be jailed.Andrew Wetherell submitted the...

    • Employment law
    • Latest News
    • Dismissal

    Bookshop workers sacked by e-mail win payout

    by Helen Gilbert 20 Aug 2009
    by Helen Gilbert 20 Aug 2009

    Workers at a Christian bookshop chain have won a “substantial” payout after being sacked, many by e-mail, by the company’s...

    • Bullying and harassment
    • Employee relations
    • Employment law

    Disabled student wins tribunal against Abercrombie & Fitch

    by Personnel Today 14 Aug 2009
    by Personnel Today 14 Aug 2009

    A student with a prosthetic arm who did not fit the “look” of clothes store Abercrombie & Fitch was awarded...

    • Employee relations
    • Employment law
    • Latest News

    Sacked fireman accused of ‘coaching’ son through exam to lodge tribunal claim

    by Louisa Peacock 24 Jul 2009
    by Louisa Peacock 24 Jul 2009

    A fire station manager sacked for coaching his son through an entrance exam will lodge an employment tribunal later this...

    • Employment law
    • Latest News
    • HR practice

    M&S whistleblower tribunal appeal considered by GMB

    by John Charlton 13 Jul 2009
    by John Charlton 13 Jul 2009

    The GMB union is considering an appeal after Marks & Spencer (M&S) whistleblower Tony Goode lost his tribunal case for...

    • Employment law
    • Discipline
    • Dismissal

    Expense fiddles and where the employer stands

    by Personnel Today 5 May 2009
    by Personnel Today 5 May 2009

    The board wants HR to tighten up on expenses. This means tackling abuses. I doubt there are many large fiddles of our system, which is automated, but by its very nature, it is open to some abuse. What should we do if we find an employee abusing the system? Also, should someone who is fiddling their expenses for a few pounds be treated the same as if it were a much larger amount?

    • Employment law
    • Dismissal
    • Unfair dismissal

    Removing the chief executive: legal dilemma

    by Personnel Today 13 Apr 2009
    by Personnel Today 13 Apr 2009

    Q I am an HR manager at a private company and I have been asked by the majority shareholder to...

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Personnel Today
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