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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
    • Latest News
    • Dismissal

    Shoesmith seeks judicial review of her dismissal

    by Louisa Peacock 10 Mar 2009
    by Louisa Peacock 10 Mar 2009

    The Baby P care chief has begun legal action against children’s secretary Ed Balls over the part he played in...

    • Employment law
    • Latest News
    • Dismissal

    Baby P case ex social services chief takes Haringey Council to Tribunal over dismissal

    by Guy Logan 10 Mar 2009
    by Guy Logan 10 Mar 2009

    The former children’s services chief who was fired over the Baby P case has lodged an employment tribunal claim against...

    • Case law
    • Employee relations
    • Employment law

    Case round-up: Stuart Peters Ltd v Bell

    by Personnel Today 4 Mar 2009
    by Personnel Today 4 Mar 2009

    The Employment Appeal Tribunal (EAT) has confirmed that an employee who is constructively and unfairly dismissed without notice does not...

    • Employment law
    • Latest News
    • Dismissal

    Worker sacked over Facebook comments on ‘boring’ job

    by Kat Baker 27 Feb 2009
    by Kat Baker 27 Feb 2009

    An administration worker was sacked for labelling her job ‘boring’ on Facebook, it has been claimed.
    Kimberley Swann, 16, alleged...

    • Case law
    • Employment law
    • Equality, diversity and inclusion

    Case of the week: Disability claim was within time limit

    by Personnel Today 25 Feb 2009
    by Personnel Today 25 Feb 2009

    Matuszowicz v Kingston upon Hull City CouncilFactsMr Matuszowicz was employed by Hull City Council as a teacher. He was disabled....

    • Employment law
    • Latest News
    • Dismissal

    Sickie selection criteria for redundancies could put employers at risk

    by Guy Logan 2 Feb 2009
    by Guy Logan 2 Feb 2009

    Leading HR practitioners have delivered a stern warning to their peers that sickness absence should be low down on the...

    • Employee relations
    • Employment law
    • Dismissal

    Union wins settlement 16 years on

    by Phil Boucher 1 Feb 2009
    by Phil Boucher 1 Feb 2009

    The union Unite has finally secured up to £8.4m compensation for thousands of employees unfairly dismissed by Leyland DAF –...

    • Case law
    • Employment law
    • Dismissal

    Heat of the moment resignation plea is rejected – Case of the week: Ali v Birmingham City Council

    by Bob Cordran 20 Jan 2009
    by Bob Cordran 20 Jan 2009

    Ali v Birmingham City Council FACTS Mr Ali was employed by Birmingham City Council. On 25 April 2007 he handed...

    • Employment law
    • Dismissal

    Dismiss in haste, repent at leisure

    by Personnel Today 19 Jan 2009
    by Personnel Today 19 Jan 2009

    The sacking of Haringey’s head of children’s services highlights the perils of the rush job.
    The recent sacking of Sharon...

    • Employment law
    • Discipline
    • Discipline and grievances

    Baby P children’s services chief loses sacking appeal

    by Louisa Peacock 13 Jan 2009
    by Louisa Peacock 13 Jan 2009

    The former-children’s services chief who lost her job after the Baby P scandal has lost her appeal to Haringey Council...

    • Employment law
    • Latest News
    • Dismissal

    Ex-head of children’s services in Baby P case appeals against sacking

    by Guy Logan 7 Jan 2009
    by Guy Logan 7 Jan 2009

    The ex-head of children’s services at the centre of the Baby P case is appealing against her sacking.Sharon Shoesmith was fired...

    • Employment law
    • Latest News
    • Dismissal

    Record number of government staff dismissals overturned

    by Greg Pitcher 19 Nov 2008
    by Greg Pitcher 19 Nov 2008

    A record number of sacked government workers successfully overturned their dismissals last year, with total compensation breaking the £1m barrier...

    • Case law
    • Constructive dismissal
    • Employment law

    Case of the week: Employer’s reasonable response makes a difference

    by Kate Hodgkiss 15 Oct 2008
    by Kate Hodgkiss 15 Oct 2008

    Claridge v Daler Rowney LtdFACTS Mr B J Claridge was employed by art supply company Daler Rowney as a team...

    • Employment law
    • Discipline and grievances
    • Dismissal

    Weekly dilemma:alcoholics in the workplace

    by Adam Fuge 10 Oct 2008
    by Adam Fuge 10 Oct 2008

    As HR director of a newspaper publishing group I’m dealing with the case of a long-serving employee who is clearly...

    • Employment law
    • Dismissal

    Dismissal register – is it a good idea?

    by Phil Boucher 8 Oct 2008
    by Phil Boucher 8 Oct 2008

    To some it represents an Orwellian nightmare of hyper-surveillance to others simply a tool to help employers keep their workplaces fair and lawful. So just what is it about the National Staff Dismissal Register that gets people so hot under the collar? And why do we need one in the first place? Phil Boucher questions experts on both sides of the debate to find out.

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