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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

    Pressure from a client to dismiss an employee

    by Judith harris 3 Sep 2007
    by Judith harris 3 Sep 2007

    Greenwood v Whiteghyll Plastics Limited
    Where a customer pressurises an employer to dismiss, the employer must consider whether there will...

    • Employee relations
    • Employment law
    • Industrial action / strikes

    Rail workers at train operator One vote for further strike action in support of sacked colleague

    by Gareth Vorster 31 Aug 2007
    by Gareth Vorster 31 Aug 2007

    Rail workers at train operator One have voted for further industrial action in support of a sacked colleague.
    Members of...

    • Employment law
    • Data protection
    • Discipline

    Banning access to social networking sites at work is an over-reation says TUC

    by Louisa Peacock 30 Aug 2007
    by Louisa Peacock 30 Aug 2007

    A total ban on employees accessing Facebook, MySpace or Bebo at work is an “over-reaction”, the TUC has warned.Instead, employers...

    • Health & Safety Executive
    • Employee relations
    • Employment law

    Occupational Health: news in brief from Personnel Today

    by Nic Paton 30 Aug 2007
    by Nic Paton 30 Aug 2007

    Truck driver loses unfair dismissal claimA truck driver based in Stafford has lost out on a claim for unfair dismissal,...

    • Stress
    • Case law
    • Employment law

    Case of the week: fairly dismissing an employee for work-induced stress

    by Personnel Today 20 Aug 2007
    by Personnel Today 20 Aug 2007

    McAdie v Royal Bank of ScotlandBackground McAdie had worked for the Royal Bank of Scotland for many years. When the...

    • Age discrimination
    • Criminal records
    • Employment law

    AUDIO: Personnel Today Friday Podcast

    by Personnel Today 10 Aug 2007
    by Personnel Today 10 Aug 2007

    HR news including: final salary and defined benefit pension schemes set to make a comeback; and the Argos employee sacked for...

    • Employment law
    • Latest News
    • Dismissal

    Renault faces possible prosecution over suicides of Technocentre employees

    by Mike Berry 24 Jul 2007
    by Mike Berry 24 Jul 2007

    Car maker Renault is facing possible prosecution for the suicides of three workers at its technical centre in Paris, after...

    • Health and safety
    • Employment law
    • Mental health

    Deal with addictive disorders in the workplace

    by Personnel Today 11 Jul 2007
    by Personnel Today 11 Jul 2007

    What should employers do when bizarre addictions impact on the workplace? Guy Guinan offers guidance.Recently, James Pacenza brought a $5m (£2.5m)...

    • Employment law
    • Latest News
    • Dismissal

    TUPE-related pre-transfer dismissal

    by Personnel Today 13 Jun 2007
    by Personnel Today 13 Jun 2007

    Hynd v Armstrong and others - Scottish Court of Session Pre-transfer dismissals

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

    AUDIO: PersonnelToday.com weekly news round-up

    by Rob Moss 21 May 2007
    by Rob Moss 21 May 2007

    Rob Moss, Mike Berry and Louisa Peacock preview this week’s Personnel Today, including stories on the Leitch review, equal pay...

    • Case law
    • Employment law
    • Dismissal

    Case of the week: Employer acts ‘without real and serious cause’ over blog

    by Personnel Today 2 May 2007
    by Personnel Today 2 May 2007

    Background Catherine Sanderson is English and until recently worked for the Anglo-French accountancy firm Dixon Wilson in Paris.Under her blogger...

    • Employment law
    • Discipline
    • Latest News

    Employers warned that increasing popularity of staff blogs could have legal ramifications

    by Gareth Vorster 20 Apr 2007
    by Gareth Vorster 20 Apr 2007

    Employee blogs are an increasing concern for UK businesses and could have legal ramifications, a law firm has warned. Nick...

    • Employee relations
    • Employment law
    • Equality, diversity and inclusion

    Teacher at centre of veil row loses dismissal appeal against former employer Kirklees Council

    by Mike Berry 2 Apr 2007
    by Mike Berry 2 Apr 2007

    Amina Azmi, who brought an unsuccessful claim against her employer after she was dismissed for refusing to remove her veil while...

    • Employment law
    • Dismissal
    • HR practice

    Sacking by text message

    by Personnel Today 6 Mar 2007
    by Personnel Today 6 Mar 2007

    I recently found out that one of my managers fired a member of staff by text message. We’re concerned about...

    • Employment law
    • Health and safety
    • Latest News

    Ryanair threatens pilots with the sack for second dangerous approach to an airport

    by Greg Pitcher 7 Feb 2007
    by Greg Pitcher 7 Feb 2007

    Ryanair pilots have been told they will be sacked if they continue to approach landing strips dangerously.There have been three...

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