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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.


    • 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...

    • Age discrimination
    • Case law
    • Employment law

    Age discrimination – dismissal for being too young

    by Jo Hilliard 2 Apr 2008
    by Jo Hilliard 2 Apr 2008

    Wilkinson v Springwell Engineering Ltd
    Facts
    This is a case under the Employment Equality (Age) Regulations 2006 (EEAR), which provide...

    • Sexual harassment
    • Constructive dismissal
    • Bullying and harassment

    Legal Q&A: no straight answer to ‘gay banter’ harassment claim

    by Eliza Nash 13 Mar 2008
    by Eliza Nash 13 Mar 2008

    In the recent case of English v Thomas Sanderson Blinds, the Employment Appeal Tribunal (EAT) held that a man who...

    • Employment law
    • Latest News
    • HR practice

    Tribunal throws out claim from manager who worked while off sick

    by Louisa Peacock 26 Feb 2008
    by Louisa Peacock 26 Feb 2008

    An insurance company manager has been sacked for working as a magician at a children’s party while on sick leave.Mr...

    • Case law
    • Employment law
    • Dismissal

    Case of the week: Previous misconduct counts in dismissal decisions

    by Personnel Today 18 Feb 2008
    by Personnel Today 18 Feb 2008

    Airbus UK Ltd v Webb – Court of Appeal Facts Webb worked for Airbus as an aircraft fitter. In July...

    • Employment law
    • Dismissal
    • Letters

    Branson is right to show unhappy workers the door

    by Personnel Today 21 Jan 2008
    by Personnel Today 21 Jan 2008

    This week's letters also include comments about lone parents, HCMI and staff retention

    • Employee relations
    • Employment law
    • Latest News

    CBeebies’ Night Garden actor loses unfair dismissal case against Ragdoll Productions

    by Gareth Vorster 18 Jan 2008
    by Gareth Vorster 18 Jan 2008

    The actor who played a character in the children’s television show In the Night Garden, on CBeebies, has lost his...

    • Employment law
    • Equality, diversity and inclusion
    • Latest News

    Former ‘Tombliboo’ in court after taking a tumble

    by Mike Berry 15 Jan 2008
    by Mike Berry 15 Jan 2008

    A children’s television actor who played a character in the CBeebies show In the Night Garden is claiming unfair dismissal...

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