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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.


    • Discipline
    • Latest News
    • Discipline and grievances

    Met Police commissioner: ‘It’s nonsensical I can’t sack officers’

    by Adam McCulloch 5 Apr 2023
    by Adam McCulloch 5 Apr 2023

    Metropolitan Police commissioner Sir Mark Rowley has said it is ‘nonsensical’ that he lacks the power to sack officers.

    • Equality, diversity and inclusion
    • Latest News
    • Dismissal

    Dismissal after homophobic remarks was unfair due to investigation flaws

    by Ashleigh Webber 24 Mar 2023
    by Ashleigh Webber 24 Mar 2023

    The dismissal of an employee who made homophobic remarks was unfair becasue of mistakes in the investigation, tribunal finds.

    • Latest News
    • Dismissal
    • Pay & benefits

    Termination payments: what are the tax rules?

    by Susan Ball 2 Mar 2023
    by Susan Ball 2 Mar 2023

    Employers often misunderstand the tax rules that apply to termination payments. Break down the package to decide what is taxable.

    • Fire and rehire
    • Latest News
    • Dismissal

    Draft fire and rehire code published

    by Ashleigh Webber 24 Jan 2023
    by Ashleigh Webber 24 Jan 2023

    A draft 'fire and rehire' statutory code, which outlines a fair process for changing employment terms and conditions, has been published.

    • Latest News
    • Discipline and grievances
    • Dismissal

    Car dealership ‘fabricated’ documents to justify dismissal

    by Ashleigh Webber 17 Jan 2023
    by Ashleigh Webber 17 Jan 2023

    A car dealership dismissed an employee without notice, pay or reason, and was found to have fabricated documents to purport that a fair process was followed.

    • Canada
    • Artificial intelligence
    • HR software

    Employee monitoring software spots ‘time theft’ in unfair dismissal claim

    by Adam McCulloch 13 Jan 2023
    by Adam McCulloch 13 Jan 2023

    A civil tribunal in Canada has ruled that an employee should compensate her former employer for ‘time theft’ because tracking software had calculated she had misrepresented hours worked.

    • Discipline
    • Latest News
    • Discipline and grievances

    DHL driver unfairly dismissed after altercation in van

    by Jo Faragher 13 Jan 2023
    by Jo Faragher 13 Jan 2023

    An HGV driver who got into a fight with a colleague was unfairly dismissed amid flaws in the disciplinary and investigation process, a tribunal has ruled.

    • Sexual harassment
    • Civil Service
    • Bullying and harassment

    Dismissal of civil servant who sent inappropriate messages to colleagues was fair

    by Ashleigh Webber 5 Jan 2023
    by Ashleigh Webber 5 Jan 2023

    An employment tribunal finds the Home Office was right to dismiss a Passport Office employee who sent inappropriate messages to colleagues.

    • Fire and rehire
    • Employment law
    • Latest News

    Union gets permission to take Tesco fire and rehire case to Supreme Court

    by Ashleigh Webber 22 Dec 2022
    by Ashleigh Webber 22 Dec 2022

    The Supreme Court has granted a shop workers’ union permission to proceed with its ‘fire and rehire’ case against Tesco....

    • Coronavirus
    • Latest News
    • Dismissal

    Worker who claimed workplace posed ‘serious and imminent’ Covid danger loses appeal

    by Ashleigh Webber 21 Dec 2022
    by Ashleigh Webber 21 Dec 2022

    An employee who lost his job for refusing to work during the pandemic, claiming his workplace posed a ‘serious and...

    • Latest News
    • Discipline
    • Discipline and grievances

    Top 10 HR questions November 2022: probationary periods

    by Brightmine 1 Dec 2022
    by Brightmine 1 Dec 2022

    This month's top 10 HR questions feature queries about probationary periods and working under the influence of alcohol.

    • France
    • Latest News
    • Dismissal

    French worker wins ‘right to be boring’ case

    by Ashleigh Webber 25 Nov 2022
    by Ashleigh Webber 25 Nov 2022

    A French court has ruled that employers cannot dismiss an employee simply because they won’t partake in after-work drinks or...

    • IR35
    • Absence
    • Enhanced pay

    Top 10 HR questions October 2022: disciplinary witness statements

    by Brightmine 1 Nov 2022
    by Brightmine 1 Nov 2022

    Last month's most popular FAQs include questions on witness statements, bank holidays and sickness absence.

    • Police
    • Discipline
    • Latest News

    Met Police misconduct: Casey review finds systemic failings

    by Rob Moss 17 Oct 2022
    by Rob Moss 17 Oct 2022

    A review found that hundreds of police officers should have been sacked.

    • Constructive dismissal
    • Bullying and harassment
    • Disability

    Ex-employee wins harassment claim over Pontius Pilate comment

    by Ashleigh Webber 3 Oct 2022
    by Ashleigh Webber 3 Oct 2022

    A credit controller who was told he had been 'around since Pontius was a Pilate' has won a harassment and constructive dismissal case.

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