Unfair dismissal

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”.


Proceeding with a disciplinary hearing when companion unavailable

XpertHR’s consultant editor Darren Newman looks at a recent decision highlighting the potential danger in proceeding with a disciplinary hearing...

Top 10 HR questions June 2018: Sporting events and background checks

3 Jul 2018

What kind of background checks can employers carry out before taking on a new employee, and has this been affected...

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Sainsbury’s employee dismissed for Facebook post wins case

22 Jun 2018

A former Sainsbury’s employee was unfairly dismissed after an investigation into whether he had committed an act of gross misconduct...

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TUPE: Establishing reason for dismissal is not always clear cut

30 Apr 2018

Does an employee who is let go shortly before a transfer of business always qualify for automatic unfair dismissal?

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Sir Martin Sorrell leaves WPP in accordance with “at-will” agreement

16 Apr 2018

Sir Martin Sorrell, CEO of WPP, has stepped down from his position following an investigation into allegations of misconduct. Accord...

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30 landmark employment law judgments

28 Feb 2018

Since its first issue on 9 February 1988, Personnel Today has reported on a staggering number of developments in employment...

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BA employee with eye condition wins unfair dismissal claim

27 Feb 2018

A British Airways logistics agent has been awarded a £19,000 pay-out, after an employment tribunal found he was unfairly dismissed...

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How does TUPE apply when an employee asks to be transferred?

22 Jan 2018

When a business or service is transferred outside the UK, affected employees often take redundancy. But what happens if an...

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Former Royal British Legion employee wins constructive dismissal case

15 Jan 2018

An employment tribunal has found that a former case officer at The Royal British Legion was bullied by her line...

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HR horrors: How to flee four frightening scenarios

31 Oct 2017

Halloween is upon us, but what are the most common HR horrors and how should employers deal with them? Alexandra...

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Top 10 HR questions July 2017: Data subject access requests

2 Aug 2017

Employers will have less time to respond to data subject access requests under the General Data Protection Regulation (GDPR) and...

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Six important employment law cases in 2017

28 Jul 2017

The decision by the Supreme Court that the employment tribunal fees system is unlawful may be one of the most...

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relocating staff (HSBC)

Relocation, relocation, relocation: legal issues when relocating staff in large numbers

4 Jul 2017

As office rents increase, organisations are considering relocating staff in significant numbers to new locations. Nick Le Riche of Bircham...

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Top 10 HR questions May 2017: Some other substantial reason

5 Jun 2017

Perhaps the general election means that the collective HR consciousness has its mind elsewhere, or maybe it’s the effect of...

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Social media misconduct: dismissal harsh but fair

17 May 2017

An employment tribunal has held that the dismissal of a long-serving employee over derogatory comments she made on Facebook about...

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