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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.


    • 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...

    • Police
    • Employment law
    • Latest News

    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...

    • Asylum seekers
    • CIPD
    • Bullying and harassment

    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
    the first major tribunal...

    • Case law
    • Employment law
    • 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...

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