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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
    • 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
    • Maternity
    • Equality, diversity and inclusion

    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
    • Dismissal
    • HR practice

    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”.

    • Employment law
    • Latest News
    • Dismissal

    BNFL employee sues firm over weight discrimination

    by Personnel Today 23 Nov 2004
    by Personnel Today 23 Nov 2004

    An employee of British Nuclear Fuels (BNFL) – the parent company of the Sellafield reprocessing plant – is claiming he...

    • Employment law
    • Discipline and grievances
    • Latest News

    Delayed NHS suspension cases waste millions of pounds

    by Personnel Today 16 Nov 2004
    by Personnel Today 16 Nov 2004

    Millions of pounds are wasted by the NHS every year in drawn out suspension cases as delays hamper investigations of...

    • Employment law
    • Discipline
    • Discipline and grievances

    The Seven Deadly Sins of Discipline

    by Personnel Today 16 Nov 2004
    by Personnel Today 16 Nov 2004

    The Seven Deadly Sins of Discipline, compiled by employment law specialist Kate Russell, are a sure way to poor staff relations and standards, dismissals backfiring, and even compensation claims totalling tens of thousands of pounds

    • Constructive dismissal
    • Employee relations
    • Employment law

    Lord Falconer committed to ending compensation culture

    by Michael Millar 11 Nov 2004
    by Michael Millar 11 Nov 2004

    A government drive to end the UK’s compensation culture has been welcomed by the Federation of Small Businesses (FSB).In a...

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