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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.


    • Employment law
    • Criminal records
    • Discipline

    Fraud: how can employers deal with deceitful employees?

    by Alex Blyth 30 Jan 2007
    by Alex Blyth 30 Jan 2007

    Leicester University recently conducted a survey among a representative sample of 2,000 people, asking whether they would commit fraud if they...

    • Employment law
    • Latest News
    • Dismissal

    Lawyer’s blog call to scrap unfair dismissal law gains cult following

    by Greg Pitcher 29 Jan 2007
    by Greg Pitcher 29 Jan 2007

    An employment lawyer has gained a cult business following after suggesting on his blog that the unfair dismissal law should be...

    • Employment law
    • Latest News
    • Dismissal

    Nurses at Mayday Hospital, Croydon, accused of stealing cake face sack

    by Personnel Today 29 Jan 2007
    by Personnel Today 29 Jan 2007

    Three nurses at Mayday Hospital in Croydon are facing the sack for allegedly stealing chocolate cake donated to staff who...

    • Alcohol and drug misuse
    • Employment law
    • Latest News

    Driver sacked for smelling of alcohol awarded £17,270 for unfair dismissal

    by Georgina Fuller 25 Jan 2007
    by Georgina Fuller 25 Jan 2007

    A driver who lost his job after a supplier complained that he smelled of alcohol has been awarded £17,270 for...

    • Employment law
    • Latest News
    • Dismissal

    Sacked Gate Gourmet workers take inflight caterer to tribunal for unfair dismissal

    by Mike Berry 14 Nov 2006
    by Mike Berry 14 Nov 2006

    Scores of catering workers whose sacking caused travel chaos at Heathrow Airport are to fight for compensation. The workers were...

    • Case law
    • Employment law
    • Dismissal

    Fairness is the key, whatever the procedure: Kelly-Madden v Manor Surgery

    by Eversheds HR Group 14 Nov 2006
    by Eversheds HR Group 14 Nov 2006

    Kelly-Madden v Manor Surgery, EAT, 19 October 2006
    Background
    It was alleged that Kelly-Madden had dishonestly paid herself overtime payments....

    • Employment law
    • Dismissal

    Statutory disciplinary and dismissal procedures

    by Personnel Today 14 Nov 2006
    by Personnel Today 14 Nov 2006

    Challenging as they are, it is crucial that employers get the statutory procedures right if they are to avoid expensive...

    • Case law
    • Employment law
    • Dismissal

    Johnson Mathey plc v Watters

    by Eversheds HR Group 31 Oct 2006
    by Eversheds HR Group 31 Oct 2006

    Re-engagement of dismissed employee

    • Employment law
    • Latest News
    • Dismissal

    Landmark decision rules religious ministers have right to claim unfair dismissal

    by Mike Berry 27 Oct 2006
    by Mike Berry 27 Oct 2006

    The Employment Appeal Tribunal (EAT) has ruled in a landmark decision that ministers of religion are entitled to claim unfair...

    • Case law
    • Employment law
    • Dismissal

    East Lancashire Coachbuilders Limited v Hilton

    by Personnel Today 10 Oct 2006
    by Personnel Today 10 Oct 2006

    Establishing a principal reason for a dismissalEast Lancashire Coachbuilders Limited v Hilton, EAT, 24 August 2006BACKGROUND Mr Hilton was a...

    • Employment law
    • Latest News
    • Dismissal

    Whitehall HR failings let sacked staff off the hook

    by Personnel Today 5 Sep 2006
    by Personnel Today 5 Sep 2006

    Increasing numbers of civil service staff are overturning dismissals because government HR departments are failing to follow statutory dismissal procedures,...

    • Civil Service
    • Employment law
    • Discipline

    Naked civil servants get bums rush as agency sacks four after lewd behaviour scandal

    by Georgina Fuller 10 Aug 2006
    by Georgina Fuller 10 Aug 2006

    Lusty Rural Payments Agency staff held to account for inappropriate behaviour.

    • Employment law
    • Equality, diversity and inclusion
    • Dismissal

    Case round-up

    by Personnel Today 11 Jul 2006
    by Personnel Today 11 Jul 2006

    Compensatory limits for wrongful dismissal; Pregnancy discrimination claim

    • Constructive dismissal
    • Employment law
    • Dismissal

    Legal Analysis: No fail-safe option when dismissing staff

    by Personnel Today 27 Jun 2006
    by Personnel Today 27 Jun 2006

    Some managers are choosing to ignore the statutory dismissal procedures and risk a claim.

    • Case law
    • Employment law
    • Dismissal

    Bulling v Dartford Gravesham and Swanley Primary Care Trust,

    by Personnel Today 20 Jun 2006
    by Personnel Today 20 Jun 2006

    Fair dismissal despite poor investigation

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