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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
    • Latest News
    • HR practice

    Sabotage of IT systems is an inside job

    by Anthony Savvas 19 May 2005
    by Anthony Savvas 19 May 2005

    Insiders who sabotage their organisation’s network are almost always motivated by revenge, said a joint report from the US Secret Service and the Computer Emergency Response Team.

    • Employment law
    • Ethics
    • Latest News

    Ousting the CEO was all the rage in 2004

    by Quentin Reade 19 May 2005
    by Quentin Reade 19 May 2005

    CEO dismissals and other forced departures reached record levels last year, according to the fourth annual survey of CEO turnover.

    • Employment law
    • Latest News
    • Dismissal

    Why managers don’t act against staff who view child porn

    by Ross Bentley 13 May 2005
    by Ross Bentley 13 May 2005

    Managers are unlinkely to report staff caught looking at child porn at work for fear of getting embroiled in a lengthy legal case

    • Case law
    • Employment law
    • Dismissal

    Case round-up – tribunal time limits

    by Personnel Today 10 May 2005
    by Personnel Today 10 May 2005

    Williams-Ryan v Marks & Spencer, Court of Appeal, 19 April 2005

    • Employment law
    • Latest News
    • Dismissal

    Ex-rail union chief Brady switches to pub trade

    by Michael Millar 6 May 2005
    by Michael Millar 6 May 2005

    Shaun Brady, who was sacked for gross misconduct from his role as general secretary of the train drivers' union Aslef, has stared a new career as a publican.

    • Employment law
    • Latest News
    • Dismissal

    Looking at porn at work is not a sackable offence…

    by dan thomas 3 May 2005
    by dan thomas 3 May 2005

    … in Norway.

    • Employment law
    • Equality, diversity and inclusion
    • Maternity

    Case roundup

    by Personnel Today 3 May 2005
    by Personnel Today 3 May 2005

    North v Lionel Leventhal LimitedRedundancy and ‘bumping’Lionel Leventhal Limited is a publishing business. Mr North was first employed on 17...

    • Case law
    • Employment law
    • Dismissal

    Thorpe v Eaton Electrical Limited, 6 December 2004

    by Eversheds HR Group 1 Mar 2005
    by Eversheds HR Group 1 Mar 2005

    Prospects of success

    • Employment law
    • Military
    • Discipline

    Look and learn

    by Personnel Today 8 Feb 2005
    by Personnel Today 8 Feb 2005

    What can you do when you suspect an employee is faking their sick leave or stealing company property? Roisin Woolnough finds that it pays to look and learn

    • Employment law
    • Latest News
    • Dismissal

    Employees on jury service protected from dismissal

    by Mike Berry 3 Feb 2005
    by Mike Berry 3 Feb 2005

    A change in the law in April will prevent employers sacking people who are called for jury service

    • Employment law
    • Dismissal

    ‘Blog’ dismissal should prompt policy on usage

    by Personnel Today 1 Feb 2005
    by Personnel Today 1 Feb 2005

    The recent sacking of a Waterstone's employee should alert employers to the potential dangers of staff posting their thoughts in personal diaries on the web

    • Employee relations
    • Employment law
    • Latest News

    Charities forced to spend donations on legal fees

    by dan thomas 31 Jan 2005
    by dan thomas 31 Jan 2005

    Charities are increasingly being forced to use public donations to defend legal actions brought by former volunteers.

    • Employment law
    • Latest News
    • Dismissal

    Dismissal highlights need for ‘blog’ policy

    by Personnel Today 18 Jan 2005
    by Personnel Today 18 Jan 2005

    The case of the first UK worker to be dismissed for criticising his employer in an online diary should serve as a wake-up call for organisations and their HR departments, lawyers claim.

    • Employment law
    • HR practice
    • Dismissal

    Don’t blog your way into trouble

    by Personnel Today 17 Jan 2005
    by Personnel Today 17 Jan 2005

    The recent disciplinary case against a Waterstones employee should remind us all that blogging is not the same as having a moan about work at the pub

    • Case law
    • Employment law
    • Dismissal

    Street v Derbyshire Unemployed Workers Centre

    by Personnel Today 3 Jan 2005
    by Personnel Today 3 Jan 2005

    A disclosure must be made in good faith to be protected under the whistleblowing provisions of the Employment Rights Act. In this case the Court of Appeal examined what is meant by “good faith”.

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Personnel Today
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