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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.


    • Bullying and harassment
    • Constructive dismissal
    • 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.

    • Reasonable adjustments
    • Latest News
    • Disability

    Starling Bank treated asthmatic employee unfairly

    by Ashleigh Webber 20 Sep 2022
    by Ashleigh Webber 20 Sep 2022

    An employment tribunal has found Starling Bank treated an employee with asthma unfavourably when it dismissed her.

    • Police
    • Latest News
    • Discipline

    Police officers who are violent towards women should be dismissed

    by Ashleigh Webber 17 Aug 2022
    by Ashleigh Webber 17 Aug 2022

    Police officers who are violent towards women should be automatically dismissed, says new guidance on misconduct proceedings.

    • Equality, diversity and inclusion
    • Latest News
    • Discipline and grievances

    Train conductor unfairly dismissed after ‘black privilege’ comment

    by Ashleigh Webber 10 Aug 2022
    by Ashleigh Webber 10 Aug 2022

    A West Midlands Trains employee was overheard making a comment about 'black priviledge' to his wife while participating in an online training session.

    • Latest News
    • Discipline and grievances
    • Dismissal

    Former MP’s aide unfairly dismissed after whistleblowing

    by Ashleigh Webber 9 Aug 2022
    by Ashleigh Webber 9 Aug 2022

    A Labour MP's former aide claimed she was marginalised and isolated after she made a whistleblowing complaint.

    • Fit notes
    • Criminal records
    • Discipline

    Top 10 HR questions July 2022: heatwaves and fit notes

    by Brightmine 1 Aug 2022
    by Brightmine 1 Aug 2022

    When is it too hot to work? The heatwave has led employers to check their health and safety responsibilities around high temperatures.

    • Constructive dismissal
    • Latest News
    • Dismissal

    When is a resignation not a resignation?

    by Georgina Calvert-Lee 15 Jul 2022
    by Georgina Calvert-Lee 15 Jul 2022

    The downfall of Boris Johnson is a suitable moment for HR to consider how they may best handle the departure of executives who no longer have support.

    • Latest News
    • Dismissal
    • Employment tribunals

    Whistleblowers’ charity condemns Court of Appeal judgment

    by Adam McCulloch 13 Jul 2022
    by Adam McCulloch 13 Jul 2022

    Protect said the Court of Appeal's judgment would make it easier to victimise and dismiss whistleblowers.

    • Latest News
    • Dismissal
    • Leadership

    PM’s resignation sheds light on leadership psychology and dismissal

    by Adam McCulloch 7 Jul 2022
    by Adam McCulloch 7 Jul 2022

    Businesses have very different ways of dealing with leaders who aren't performing than political groups. Psychology is key.

    • Latest News
    • Dismissal
    • Employment tribunals

    Kristie Higgs succeeds in bid to remove LGBT activist from tribunal panel

    by Ashleigh Webber 5 Jul 2022
    by Ashleigh Webber 5 Jul 2022

    Tribunal rules that an LGBT rights activist should be removed from Kristie Higgs' appeal panel because of the possibility of bias.

    • Europe
    • Bullying and harassment
    • Latest News

    Whistleblowing lawyer awarded £423k by Foreign Office

    by Ashleigh Webber 4 Jul 2022
    by Ashleigh Webber 4 Jul 2022

    A whistleblower who claimed she was not supported by the Foreign, Commonwealth & Development Office after she raised concerns about corruption has received nearly £423k.

    • Case law
    • Long Covid
    • Disability discrimination

    Long Covid: what tribunal’s disability ruling means for HR

    by Richard Fox and Özlem Mehmet 23 Jun 2022
    by Richard Fox and Özlem Mehmet 23 Jun 2022

    An employment tribunal ruling confirms that, in the case of one worker, long Covid amounted to a disability.

    • Bullying and harassment
    • Financial services
    • France

    BNP Paribas banker accused of ’emotional terrorism’ wins €1.7m for unfair dismissal

    by Ashleigh Webber 19 May 2022
    by Ashleigh Webber 19 May 2022

    A banker who was accused of 'emotional terrorism' by colleagues has been awarded almost €1.7 million (£1.4m) for unfair dismissal.

    • Sexual harassment
    • Bullying and harassment
    • Latest News

    Use of word ‘bald’ can amount to sex-based harassment

    by Adam McCulloch 13 May 2022
    by Adam McCulloch 13 May 2022

    An employment tribunal has ruled that an electrician dismissed for gross misconduct had been subject to sex harassment because he was bald.

    • Disability discrimination
    • Latest News
    • Disability

    Solicitor unfairly dismissed during cancer recovery awarded £17k

    by Ashleigh Webber 6 May 2022
    by Ashleigh Webber 6 May 2022

    In Ms E Onibere v Rodman Pearce Solicitors Ltd, a tribunal ruled an employee with cancer was unfairly dismissed and discriminated against.

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