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”.


Wales Employment Tribunal at Cardiff Magistrates' Court

Christmas party choking incident leads to unfair dismissal ruling

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

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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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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