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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

    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
    • HR practice

    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.

    • Employment law
    • Dismissal
    • Employment tribunals

    Tribunal hearings ‘Will continue to rise’

    by Personnel Today 29 Sep 2008
    by Personnel Today 29 Sep 2008

    A dramatic rise in employment tribunal claims for unfair dismissal and discrimination will be another fall out of the credit...

    • Employment law
    • Latest News
    • HR practice

    Marks and Spencer whistleblower sacked for gross misconduct

    by Louisa Peacock 3 Sep 2008
    by Louisa Peacock 3 Sep 2008

    The Marks and Spencer (M&S) whistleblower who told the media about the retailer’s plans to slash redundancy pay has been...

    • Employment law
    • Latest News
    • Dismissal

    TUC report reveals extent of mistreatment of vulnerable staff

    by Guy Logan 23 Aug 2008
    by Guy Logan 23 Aug 2008

    The needs of the UK’s most vulnerable workers are not being met, with “repeat offender” employers partly to blame, a...

    • Case law
    • Employment law
    • Dismissal

    Johnson v Edwardian International Hotels: Dealing with an alleged mentally-ill claimant

    by Kate Williams 25 Jun 2008
    by Kate Williams 25 Jun 2008

    Johnson v Edwardian International HotelsIn cases where the mental capacity of a party is doubted, employment tribunals must use their...

    • Case law
    • Employment law
    • Dismissal

    Compensation claim lost over failure to comply with signed agreement

    by Kate Hodgkiss 5 Jun 2008
    by Kate Hodgkiss 5 Jun 2008

    Collidge v Freeport plcFACTS Mr Collidge was the chief executive and a director of Freeport. In early 2006, allegations of financial...

    • Employment law
    • Discipline
    • Latest News

    O2 sacks staff for selling iPhones for profit on eBay

    by Greg Pitcher 2 Jun 2008
    by Greg Pitcher 2 Jun 2008

    Communications giant O2 has sacked at least six workers who used staff discounts to buy Apple iPhones and sold them...

    • Employment law
    • Ethics
    • Dismissal

    Dismissal register will not hide recruitment failings

    by Personnel Today 27 May 2008
    by Personnel Today 27 May 2008

    While the National Staff Dismissal Register (‘Database of dishonesty’, Personnel Today, 20 May) may sound like a fantastic idea for employers...

    • Employment law
    • Dismissal

    The complexities of dismissal: back to basics

    by Personnel Today 19 May 2008
    by Personnel Today 19 May 2008

    Don't take the easy way out: if you make sure you have sound policies and procedures for dismissal and follow them, you can't go wrong, writes David Green.

    • Employment law
    • Dismissal
    • Recruitment & retention

    Employers show strong interest in National Staff Dismissal Register to check potential workers’ past career history

    by Guy Logan 16 May 2008
    by Guy Logan 16 May 2008

    A national blacklist of retail employees sacked for dishonesty is up and running, and could soon be extended to other...

    • Employment law
    • Dismissal

    Weekly dilemma: written warnings

    by Personnel Today 21 Apr 2008
    by Personnel Today 21 Apr 2008

    Q Nine months ago we issued an employee with a second stage written warning for poor timekeeping, but failed to...

    • Constructive dismissal
    • Employment law
    • Latest News

    Scots teacher’s tribunal claim over ‘baldy’ chants fails to impress judge

    by Louisa Peacock 16 Apr 2008
    by Louisa Peacock 16 Apr 2008

    A bald teacher who claimed he was a victim of disability discrimination has lost his tribunal claim, it has emerged.Retired...

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