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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.


    • Constructive dismissal
    • Latest News
    • Dismissal

    Avoiding constructive dismissal claims (webinar)

    by Brightmine 5 May 2022
    by Brightmine 5 May 2022

    What happens when an employee leaves and then claims constructive dismissal? This webinar looks at the risks faced by employers.

    • Maternity
    • Latest News
    • Dismissal

    Woman wins £15k payout following director’s treatment during pregnancy

    by Ashleigh Webber 5 May 2022
    by Ashleigh Webber 5 May 2022

    An employee who was threatened with dismissal after revealing she was pregnant has been awarded a £15k pay out for pregnancy and maternity discrimination.

    • Employment law
    • Discipline
    • Latest News

    Boris Johnson’s partygate fixed penalty notice: any lessons for HR?

    by Adam McCulloch 14 Apr 2022
    by Adam McCulloch 14 Apr 2022

    Partygate has put the spotlight on internal investigations but are there really any lessons for HR? Meanwhile, suits are increasingly out at interviews…

    • Fire and rehire
    • Collective redundancy
    • Department for Business and Trade (DBT)

    Fire and rehire: Royal Mail faces threat of industrial action

    by Adam McCulloch 31 Mar 2022
    by Adam McCulloch 31 Mar 2022

    Unite threatens Royal Mail with industrial action over what it claims is a ‘fire and rehire’ scheme to replace managers.

    • Collective redundancy
    • Latest News
    • Dismissal

    P&O Ferries’ redundancy obligations: Legal Q&A

    by Adam McCulloch 28 Mar 2022
    by Adam McCulloch 28 Mar 2022

    Some facets of the government's response to the 800 job losses were ill-informed, a legal expert tells Personnel Today

    • Fire and rehire
    • Collective redundancy
    • Employment law

    P&O Ferries chief ‘should step down’ but redundancies expose legal anomalies

    by Adam McCulloch 25 Mar 2022
    by Adam McCulloch 25 Mar 2022

    Despite P&O Ferries' admission of law-breaking over the mass redundancy of 800 staff, many uncertainties remain over the laws shipping staff are subject to, MPs have heard.

    • Collective redundancy
    • Latest News
    • Dismissal

    P&O Ferries: Grant Shapps told of ‘issues’ by DP World in late 2021

    by Adam McCulloch 25 Mar 2022
    by Adam McCulloch 25 Mar 2022

    The UK transport secretary was ‘aware’ of problems at P&O Ferries by the time he met the head of DP World at Dubai Expo on 22 November last year.

    • Disability discrimination
    • Disability
    • Latest News

    Sainsbury’s discriminated against worker with brain injury, finds tribunal

    by Ashleigh Webber 24 Mar 2022
    by Ashleigh Webber 24 Mar 2022

    Sainsbury's discriminated against a worker with a brain injury who had been accused of groping female staff and using inappropriate language, an employment tribunal has found.

    • Fire and rehire
    • Collective redundancy
    • Constructive dismissal

    TUC: redundancies by P&O Ferries ‘must be a turning point for UK workers’ rights’

    by Adam McCulloch 18 Mar 2022
    by Adam McCulloch 18 Mar 2022

    In the wake of the P&O Ferry sackings the TUC has demanded that ministers prevent workers from ‘being treated like disposable labour’.

    • Collective redundancy
    • Fire and rehire
    • Europe

    P&O Ferries ‘sees crews as collateral damage and has priced in legal fight’

    by Adam McCulloch 18 Mar 2022
    by Adam McCulloch 18 Mar 2022

    French, Dutch and Irish crews retained as questions grow over legality of P&O Ferries’ decision to axe 800 crews.

    • Fire and rehire
    • Employee communications
    • Latest News

    Unions call P&O Ferries mass sackings a ‘scandalous betrayal’

    by Personnel Today 17 Mar 2022
    by Personnel Today 17 Mar 2022

    UK ferry operator P&O Ferries has sacked about 800 crew across its fleet with no notice after stopping all its sailings on Thursday 17 March.

    • Constructive dismissal
    • Employment law
    • Discipline

    Football and HR: 10 employment law issues in the beautiful game

    by Dean Fuller 18 Feb 2022
    by Dean Fuller 18 Feb 2022

    Many cases highlight how professionalism is lacking in UK football when it comes to employment contracts, even in the ultra rich Premier League.

    • Financial services
    • Disability discrimination
    • Disability

    Dismissal of NatWest employee with cancer ‘tainted with discrimination’

    by Ashleigh Webber 17 Feb 2022
    by Ashleigh Webber 17 Feb 2022

    Tribunal finds NatWest Group unfairly dismissed and discriminated against an employee after she disclosed her bowel cancer diagnosis.

    • Belief discrimination
    • Gender
    • Latest News

    Doctor who lost job over transgender pronoun views launches appeal

    by Ashleigh Webber 14 Feb 2022
    by Ashleigh Webber 14 Feb 2022

    A Christian doctor who lost his job after refusing to refer to transgender people by their preferred pronouns is to...

    • Constructive dismissal
    • Latest News
    • Discipline and grievances

    Employee dismissals and working from home: what’s the link?

    by Maria Hoeritzauer 11 Feb 2022
    by Maria Hoeritzauer 11 Feb 2022

    There has been an increase in enquiries to employment lawyers on managing and potentially dismissing employees who were hired during lockdown and it needs investigating.

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