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”.


TUPE: Establishing reason for dismissal is not always clear cut

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

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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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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politics-workplace

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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