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”.


How not to make HR decisions that come back to haunt you

HR horrors: How to flee four frightening scenarios

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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The question of whether to enhance shared parental pay for fathers has featured in case law this year

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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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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Brexit bonfire of employment law unnecessary, say employers

4 May 2017

Employers overwhelmingly back most existing employment rights and do not believe the current employment law framework should be revised after...

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Tribunal awards £2 to claimant denied companion at disciplinary hearing

24 Apr 2017

Stephen Simpson rounds up recent decisions published on the online database of first-instance employment tribunal judgments

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General election 2017: five things to know about politics in the workplace

19 Apr 2017

Can employers prevent staff from political campaigning at work? Should employees be banned from displaying their political allegiance, for example...

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Statutory redundancy pay rates increase for 2017-18

6 Apr 2017

The maximum amount that can be used to calculate an employee’s statutory redundancy pay increases to £489 per week from...

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£25,000 for early termination of apprenticeship contract

4 Apr 2017

An employment tribunal has awarded £25,000 for breach of contract to an employee whose apprenticeship was ended early. Stephen Simpson...

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Australian employment law: 10 key features

24 Mar 2017

Generous leave entitlements and a unique legal framework characterise Australian employment law. Qian Mou highlights 10 interesting aspects of workplaces...

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Long-term sick leave dismissals: court guidance on borderline cases

21 Mar 2017

The Court of Appeal has provided guidance on when employers can dismiss an employee on long-term sick leave, in what...

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BBC reporter’s employment case struck out

8 Mar 2017

An employment tribunal has struck out a BBC reporter’s claim after finding that she discussed her case with a newspaper...

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Revising a contract of employment: tips to avoid unfair dismissal

2 Mar 2017

Employers must tread carefully when revising a contract of employment. Joanna Sutton offers tips to avoid unfair dismissal claims or ...

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