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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.


    • Employee relations
    • Dispute resolution
    • Employment law

    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...

    • Employment law
    • Latest News
    • Dismissal

    HR’s dismal dismissal record blamed on flawed laws say public sector chiefs

    by Personnel Today 24 Sep 2007
    by Personnel Today 24 Sep 2007

    Public sector HR chiefs have defended the profession following a damning report on basic HR failings, and pointed to serious...

    • Employment law
    • Latest News
    • Dismissal

    Professor claims statutory dismissal procedures will be in place until 2009

    by Gareth Vorster 20 Sep 2007
    by Gareth Vorster 20 Sep 2007

    Human resources professionals could be stuck with the statutory dismissal procedures for another two years, a leading employment lawyer has...

    • Sexual harassment
    • Employment law
    • Equality, diversity and inclusion

    Gay former banker loses tribunal claim against HSBC for mishandling misconduct investigation

    by Mike Berry 18 Sep 2007
    by Mike Berry 18 Sep 2007

    Peter Lewis, a former senior banker at HSBC, has lost his long-running claim that the banking giant discriminated against him...

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

    British Airways lands in another dress code and religion row as Eurest sacks VIP airport lounge attendant for wearing a nose pin

    by Greg Pitcher 18 Sep 2007
    by Greg Pitcher 18 Sep 2007

    British Airways (BA) is embroiled in another row about uniform and religion after an airport worker was sacked for wearing...

    • Constructive dismissal
    • Employment law
    • Equality, diversity and inclusion

    Walsall Council slated over dismissal payout

    by Personnel Today 18 Sep 2007
    by Personnel Today 18 Sep 2007

    Walsall Council has been heavily criticised for a “range of failings” that led to a £650,000 payout to a former...

    • Vexatious claims
    • Employment law
    • Discipline and grievances

    Dismissal procedures: Polkey principle may stay in redrafted dispute rules

    by Greg Pitcher 18 Sep 2007
    by Greg Pitcher 18 Sep 2007

    Controversial regulations meaning dismissals are automatically rendered unlawful by a failure to follow set procedures – the Polkey principle –...

    • Employment law
    • Latest News
    • Dismissal

    Whitehall HR failings over unfair dismissals cost £628,632 in 2006-07

    by Greg Pitcher 17 Sep 2007
    by Greg Pitcher 17 Sep 2007

    Basic HR failings cost the taxpayer hundreds of thousands of pounds last year as one in four civil servant sackings...

    • CIPD
    • Employment law
    • Discipline and grievances

    AUDIO: Personnel Today Friday Podcast

    by Personnel Today 14 Sep 2007
    by Personnel Today 14 Sep 2007

    This week’s round-up of HR news including how one in four dismissals in the civil service doesn’t stick; and more...

    • Case law
    • Employment law
    • Dismissal

    Case of the month: Fair dismissal for incapacity: McAdie v Royal Bank of Scotland

    by Personnel Today 12 Sep 2007
    by Personnel Today 12 Sep 2007

    The Court of Appeal has confirmed that an employer can fairly dismiss an employee for incapacity even in circumstances where...

    • Case law
    • Employment law
    • Dismissal

    Case of the week – Communicating the right of appeal

    by michael powner 11 Sep 2007
    by michael powner 11 Sep 2007

    Aptuit (Edinburgh) Limited v Kennedy EAT/0057/06FACTS Aptuit provides clinical supplies across Europe. Mrs Kennedy worked at one of its three...

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

    HR professionals called as witnesses in HSBC sexual orientation discrimination case

    by Greg Pitcher 7 Sep 2007
    by Greg Pitcher 7 Sep 2007

    Two HR professionals are expected to speak as witnesses in an employment tribunal into claims that HSBC discriminated against a...

    • Employment law
    • Latest News
    • Dismissal

    Advertising agency Saatchi & Saatchi denies liability for stroke victim

    by Mike Berry 3 Sep 2007
    by Mike Berry 3 Sep 2007

    EXCLUSIVE
    Advertising agency Saatchi & Saatchi has been branded “despicable” by the family of a former creative director who was...

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