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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”.


    • Stress
    • Financial penalties
    • Latest News

    University to pay £108,000 in compensation for failing to reinstate lecturer

    by Ashleigh Webber 10 Jan 2022
    by Ashleigh Webber 10 Jan 2022

    A former University of Huddersfield lecturer who was dimissed for not having a PhD has been awarded £108,000 in compensation after the university refused to reinstate him.

    • Bullying and harassment
    • NHS
    • Constructive dismissal

    Christian nurse dismissed for wearing cross necklace wins discrimination claim

    by Ashleigh Webber 6 Jan 2022
    by Ashleigh Webber 6 Jan 2022

    Judgment finds ‘no cogent explanation‘ as to why a ‘fine necklace with a small pendant of religious devotional significance‘ was not permitted.

    • Absence
    • Testing
    • Coronavirus

    Porter who lost pay while awaiting result of wife’s Covid test wins claim

    by Ashleigh Webber 5 Jan 2022
    by Ashleigh Webber 5 Jan 2022

    Hospital worker whose absence was treated as unauthorised while he awaited his wife's test result has suceeded in part of his tribunal claim.

    • Case law
    • Coronavirus
    • Collective bargaining

    The 10 most important employment law cases in 2021

    by Brightmine 8 Dec 2021
    by Brightmine 8 Dec 2021

    Despite the coronavirus pandemic, HR professionals have had their fair share of employment law rulings to keep track of in...

    • Shielding
    • Coronavirus
    • Case law

    Covid-related employment cases: 10 key rulings for employers

    by Stephen Simpson 22 Nov 2021
    by Stephen Simpson 22 Nov 2021

    Employment tribunals have been deciding coronavirus-related cases throughout 2021. We set out 10 key first-instance rulings related to the pandemic from which employers can learn lessons.

    • Age discrimination
    • Latest News
    • Education

    EAT rules on University of Oxford retirement age policy

    by Ashleigh Webber 28 Sep 2021
    by Ashleigh Webber 28 Sep 2021

    The Employment Appeal Tribunal (EAT) has dismissed two appeals relating to the application of Oxford University’s Employer Justified Retirement Age...

    • Collective redundancy
    • Zero hours
    • Latest News

    The end of furlough: what does it mean for employment?

    by Charlie Thompson 27 Sep 2021
    by Charlie Thompson 27 Sep 2021

    The end of furlough will have significant impacts on the employment picture with a possible rise in zero hours contracts and short-time working.

    • Alcohol and drug misuse
    • Discipline
    • Latest News

    Factory worker sacked for drinking beer the night before work wins £5K

    by Ashleigh Webber 16 Sep 2021
    by Ashleigh Webber 16 Sep 2021

    A factory worker who was sacked for consuming three beers nine hours before her shift has been awarded more than...

    • Zero hours
    • Latest News
    • Employment contracts

    Labour proposes day-one unfair dismissal protection

    by Ashleigh Webber 14 Sep 2021
    by Ashleigh Webber 14 Sep 2021

    A Labour government would give all workers protections against unfair dismissal from their first day in employment, Sir Keir Starmer has announced.

    • Discipline
    • Latest News
    • Education

    Teacher unfairly dismissed after ‘locking’ pupil in ‘haunted’ cupboard

    by Rob Moss 14 Sep 2021
    by Rob Moss 14 Sep 2021

    Employment tribunal finds fault in school's disciplinary investigation after pupil lied about being forced into a cupboard.

    • Latest News
    • Discrimination
    • Employment tribunals

    Sharp rise at employment tribunals last year in race discrimination cases

    by Adam McCulloch 3 Sep 2021
    by Adam McCulloch 3 Sep 2021

    Race discrimination claims that reached employment tribunals in 2020 rose by about a third, newly released figures reveal.

    • Latest News
    • Information & consultation
    • Pregnancy and maternity discrimination

    Male CEO joked about betting on director’s pregnancy weight

    by Rob Moss 1 Sep 2021
    by Rob Moss 1 Sep 2021

    A former marketing director at courier service CitySprint, where male colleagues allegedly joked about taking bets about her pregnancy weight...

    • Constructive dismissal
    • Latest News
    • Dismissal

    Waiter who was burped at by boss wins dismissal claim

    by Ashleigh Webber 27 Aug 2021
    by Ashleigh Webber 27 Aug 2021

    A waiter who claimed his boss burped in his face and passed wind in front of customers has won his...

    • Sexual harassment
    • Case law
    • Bullying and harassment

    Porsche salesman unfairly dismissed for joining in with ‘laddish, crude banter’

    by Rob Moss 25 Aug 2021
    by Rob Moss 25 Aug 2021

    Warning: this article includes offensive language

    A British Asian man who conformed with a sales team culture described as ‘laddish’,...

    • Financial penalties
    • Commission
    • Latest News

    Mortgage adviser who complained about long hours wins £20k

    by Jo Faragher 20 Aug 2021
    by Jo Faragher 20 Aug 2021

    A mortgage adviser who was sacked for “always moaning” has won more than £20,000 in compensation.
    The employment tribunal in...

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Personnel Today
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