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”.


Pregnant worker who challenged working hours wins unfair dismissal claim

A care assistant who was dismissed has been awarded more than £35,000.

Wales Employment Tribunal at Cardiff Magistrates' Court

Employment tribunals beset by delays and transfers

28 Jun 2019

The employment tribunal system is still hamstrung by a lack of judicial and administrative resources, nearly two years after fees were scrapped

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Tamarind restaurant (2004)

Restaurant worker unfairly dismissed after whistleblowing

25 Jun 2019

An employment tribunal has ruled that the sacking of an assistant restaurant manager after he had blown the whistle over ingredients was unfair.

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Oxford University’s retirement age not discriminatory, tribunal finds

23 May 2019

A former Oxford University academic who was forced to retire at 67 has lost his claim for unfair dismissal and...

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MP seeks to rescue new mums’ redundancy protection plans

21 May 2019

The government is accused of dragging its feet over protections for new mothers as a private member's bill is introduced in the House of Commons...

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Proselytising Christian nurse loses second appeal against dismissal

14 May 2019

A nurse in Kent dismissed for “preaching” to patients has lost a second appeal against an employment tribunal ruling that...

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Top 10 HR questions April 2019: Maximum compensation, holiday entitlement and positive action

2 May 2019

The annual increase to the limits on compensation that can be awarded in an...

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April 2019 employment law changes: Seven things for HR to do

18 Mar 2019

Every April, HR professionals are faced with a raft of amended employment laws and deadlines for their organisation to meet....

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TUPE: Were the reasons for dismissal personal?

14 Mar 2019

A recent Court of Appeal case looked at whether someone dismissed directly before a business transfer was right to claim...

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Dismissal for asserting a statutory right – a trap for the unwary

5 Mar 2019

Most employers wanting to part company with an employee will be aware of the most common claims that the individual...

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Top 10 HR questions February 2019: Redundancy, FTCs and maternity leave

1 Mar 2019

When faced with the need to make redundancies, how should an employer decide which employees to select?
Redundancy exercises bring...

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Cleaner unfairly dismissed for Topshop pay protest

21 Feb 2019

A cleaner at Topshop’s flagship London store has won up to £75,000 after an employment tribunal found she had been...

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Woodhill

Prison officer was unfairly dismissed after revealing sexuality

15 Feb 2019

A prison officer who was subject to verbal and physical abuse over his sexual orientation was unfairly dismissed, an employment...

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88-year-old woman wins age discrimination case at tribunal

8 Feb 2019

An employment tribunal ruled this week that the dismissal of an 88-year-old medical secretary was unfair, and “tainted by discrimination”....

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New mums to receive six months more redundancy protection

25 Jan 2019

Pregnant women and new mothers returning to work after having children are to receive greater protection from being treated unfairly,...

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