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”.


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

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

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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Tesco's Chris Bush at Southwark Crown Court

Tesco faces unfair dismissal claim after fraud case acquittal

25 Jan 2019

Tesco is to be sued for unfair dismissal by a former executive who last month was cleared of false accounting...

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Wales Employment Tribunal at Cardiff Magistrates' Court

Christmas party choking incident leads to unfair dismissal ruling

7 Dec 2018

The manager of a club in Cardiff won an employment tribunal ruling for unfair dismissal after senior staff failed to...

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Tribunal to consider discrimination against vegan

3 Dec 2018

An employment tribunal will next year decide if “ethical veganism” is a philosophical belief in a case involving a man...

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NHS manager awarded £1 million pay-out for unfair dismissal

23 Nov 2018

An IT manager at an NHS trust has been awarded £1m in compensation by an employment tribunal after he was...

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Co-op HR director wins equal pay and unfair dismissal claim

16 Nov 2018

A former Co-operative Group HR director has won her claim for equal pay and unfair dismissal against the company, following...

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Proceeding with a disciplinary hearing when companion unavailable

4 Sep 2018

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

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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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