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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.


    • Police
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    Police officer sacked for discrediting the Police Service by having sex on duty in airport office

    by Mike Berry 9 Jan 2008
    by Mike Berry 9 Jan 2008

    A senior police officer who had sex with a woman at an airport while on duty has been sacked after...

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    AUDIO: Friday Podcast

    by Personnel Today 4 Jan 2008
    by Personnel Today 4 Jan 2008

    Human resources news and analysis including:

    a look at what 2008 has in prospect for employers
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    • Dismissal

    Dismissal over mistaken belief about immigration status: Klusova v London Borough of Hounslow

    by Personnel Today 11 Dec 2007
    by Personnel Today 11 Dec 2007

    Klusova v London Borough of HounslowAn employer’s genuine, but mistaken, belief that continuing to employ a foreign national would breach...

    • Employment law
    • Latest News
    • Dismissal

    Voice of London Underground’s ‘mind the gap’ announcement sacked for criticising the Tube network

    by Gareth Vorster 28 Nov 2007
    by Gareth Vorster 28 Nov 2007

    Emma Clarke, the woman behind the voice that warns millions of commuters on London Underground every day to “mind the...

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

    Cross-wearing BA check-in woman accuses airline of ‘culture of hostility’ to Christianity

    by Gareth Vorster 15 Nov 2007
    by Gareth Vorster 15 Nov 2007

    A British Airways check-in clerk who was suspended for refusing to conceal a small crucifix on a necklace at her...

    • Employment law
    • HR practice
    • Dismissal

    Weekly dilemma Indecent behaviour

    by Personnel Today 29 Oct 2007
    by Personnel Today 29 Oct 2007

    I am the HR director of a large retail outlet with more than 50 stores. Recently, two of our senior...

    • Employee relations
    • Employment law
    • Latest News

    AUDIO: Personnel Today Friday Podcast

    by Personnel Today 26 Oct 2007
    by Personnel Today 26 Oct 2007

    Louisa Peacock presents the latest human resources news.This week we bring you a taste of what’s making the headlines in HR, including...

    • Employment law
    • Maternity
    • Latest News

    Grievance procedures and parental rights top small businesses’ list of reasons not to take on new staff

    by Louisa Peacock 24 Oct 2007
    by Louisa Peacock 24 Oct 2007

    The most burdensome pieces of employment law faced by small businesses are statutory dismissal and grievance procedures, and parental, paternity...

    • Employment law
    • Dismissal

    Weekly legal dilemma: informing on misconduct

    by Personnel Today 22 Oct 2007
    by Personnel Today 22 Oct 2007

    After a teambuilding event at a local hotel, one of our employees confessed that during the networking exercise in the...

    • Corporate governance
    • Employment law
    • Latest News

    Explosion in fraud leads to call for culture change to support whistleblowers

    by Gareth Vorster 22 Oct 2007
    by Gareth Vorster 22 Oct 2007

    Human resources (HR) experts have warned that companies must develop an anti-fraud culture in the workplace so that whistleblowers feel safe...

    • Employment law
    • Dismissal

    Dismissal upheld despite lack of warning

    by Personnel Today 22 Oct 2007
    by Personnel Today 22 Oct 2007

    Homeserve Emergency Services Limited v Dixon FACTS Mr Dixon was employed as a chief service engineer. The case involved an...

    • Employment law
    • Latest News
    • Dismissal

    Heathrow Airport employee sacked for wearing a nose stud is reinstated

    by Gareth Vorster 5 Oct 2007
    by Gareth Vorster 5 Oct 2007

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    Amrit Lalji, an...

    • Employee relations
    • Employment law
    • Dispute resolution

    Acas chair warns against lawyers getting hands on new dispute resolution procedure rules

    by Personnel Today 1 Oct 2007
    by Personnel Today 1 Oct 2007

    Employment lawyers must not be allowed to “get their hands” on any new dispute resolution procedures, the departing head of...

    • Employment law
    • Discipline and grievances
    • Dismissal

    Dismissal laws: Treading on eggshells

    by Ross Bentley 24 Sep 2007
    by Ross Bentley 24 Sep 2007

    The much-maligned laws covering dismissal, grievance and disciplinary procedures are due to change in a couple of years, but in the meantime HR is stuck with them and must tread carefully. Ross Bentley runs through the dos and don'ts to see you safely through.

    • Employment law
    • Dismissal
    • Opinion

    HR cannot rely on line managers to have a clue

    by Dawn Nolan 24 Sep 2007
    by Dawn Nolan 24 Sep 2007

    HR failings over unfair dismissals are back in the headlines again, with HR defending its position over claims that it...

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