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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”.


    • Adoption
    • National living wage
    • IR35

    April 2021 employment law changes: five things for HR to do

    by Stephen Simpson 6 Apr 2021
    by Stephen Simpson 6 Apr 2021

    An annual update on the changes to employment law that are happening in April 2021 – IR35, national living wage, statutory pay rates...

    • Age discrimination
    • Latest News
    • Employment tribunals

    Multiple case numbers soar at employment tribunals

    by Adam McCulloch 14 Mar 2021
    by Adam McCulloch 14 Mar 2021

    Working time replaces unfair dismissal as largest source of tribunal claims.

    • Reasonable adjustments
    • Financial penalties
    • Constructive dismissal

    Employment law specialist wins £168,000 in unfair dismissal case

    by Adam McCulloch 11 Mar 2021
    by Adam McCulloch 11 Mar 2021

    Elizabeth Aylott suffered from anxiety and depression and was diagnosed with autism spectrum disorder after leaving her job at BPP University.

    • Equality, diversity and inclusion
    • Latest News
    • Discrimination

    Couriers allege facial ID software used by Uber is ‘indirectly racist’

    by Adam McCulloch 4 Mar 2021
    by Adam McCulloch 4 Mar 2021

    Uber’s facial identification software is not consistently capable of recognising the faces of darker skinned workers, drivers claim.

    • Employment law
    • Fit notes
    • Latest News

    Tube driver injured at work was unfairly dismissed

    by Adam McCulloch 16 Feb 2021
    by Adam McCulloch 16 Feb 2021

    Lisa Stewart was accused by London Underground of dishonestly claiming she had been injured at work.

    • Case law
    • Employee relations
    • Employment law

    Employment lawyers: ‘tribunals effective and judges top of their game’

    by Ashleigh Webber 4 Feb 2021
    by Ashleigh Webber 4 Feb 2021

    Lawyers describe the suggestion by The Times that employment judges are inexperienced as ‘idiotic’ and ‘insulting’.

    • NHS
    • Bullying and harassment
    • Latest News

    Victim of NHS manager’s practical joke wins £10k pay out

    by Ashleigh Webber 4 Feb 2021
    by Ashleigh Webber 4 Feb 2021

    An employment tribunal finds trust was breached after a manager played a practical joke on an employee who had just returned from sick leave.

    • Latest News
    • Discipline and grievances
    • Retail

    Tesco manager sacked for restraining thief wins £43,000

    by Rob Moss 27 Jan 2021
    by Rob Moss 27 Jan 2021

    A Tesco store manager fired for manhandling a shoplifter has been awarded £43,100 for unfair dismissal at the employment tribunal.

    • Employment law
    • Discipline
    • Latest News

    Postman wins unfair dismissal case over public urination

    by Adam McCulloch 8 Jan 2021
    by Adam McCulloch 8 Jan 2021

    An employment judge found that the real reason behind the dismissal was the postman's union activities and poor relationship with his line manager.

    • Age discrimination
    • Employment law
    • Data protection

    Seven key employment law cases from 2020

    by Brightmine 17 Dec 2020
    by Brightmine 17 Dec 2020

    From the leaking of personal data to homophobia and the gig economy, we highlight seven noteworthy cases from 2020 that employers should know about.

    • Latest News
    • Employment tribunals
    • Sex discrimination

    Gym employees win payout after ‘women can’t be managers’ comments

    by Ashleigh Webber 14 Dec 2020
    by Ashleigh Webber 14 Dec 2020

    Two female gym employees who were subjected to derogatory comments about their sex share £15k payout.

    • Age discrimination
    • Case law
    • Latest News

    Female executive wins £64,000 after being ‘frozen out’ by all-male board

    by Jo Faragher 14 Dec 2020
    by Jo Faragher 14 Dec 2020

    A 59-year-old woman has won a £64,000 pay-out after she was dismissed, with the judge declaring that ageism is worse for women than men.

    • Health and safety
    • Latest News
    • Employment tribunals

    Researcher who raised driving time safety concern unfairly dismissed

    by Ashleigh Webber 9 Dec 2020
    by Ashleigh Webber 9 Dec 2020

    A senior employee at a Christian charity was unfairly dismissed after he raised health and safety concerns about the time...

    • Financial services
    • Constructive dismissal
    • Bullying and harassment

    Lloyd’s underwriter loses constructive unfair dismissal case

    by Adam McCulloch 3 Dec 2020
    by Adam McCulloch 3 Dec 2020

    An employee of a Lloyd’s of London underwriter who was bullied at work has won his case for constructive unfair...

    • Latest News
    • Discipline
    • Discipline and grievances

    Immigration officer wins £16k after ‘unfair’ probe into alleged racist slurs

    by Ashleigh Webber 30 Nov 2020
    by Ashleigh Webber 30 Nov 2020

    Tribunal finds that Joel Gold, although dismissed on potentially fair grounds of gross misconduct, did not receive a fair hearing from the Home Office.

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