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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”.


    • Latest News
    • Dismissal
    • Employment tribunals

    Ex-Clarks chief executive loses unfair dismissal case

    by Ashleigh Webber 7 Oct 2019
    by Ashleigh Webber 7 Oct 2019

    A former Clarks chief executive has lost his case for unfair dismissal after he was asked to resign following accusations of sexist, racist and homophobic comments.

    • Alcohol and drug misuse
    • Bank holidays
    • Disability

    Top 10 HR questions September 2019: The effect of a leap year on pay

    by Brightmine 1 Oct 2019
    by Brightmine 1 Oct 2019

    There will be an extra working day in 2020 for many employees, so does the leap year mean extra pay?...

    • Maternity
    • Latest News
    • Maternity and paternity

    Pregnant woman wins £28,000 after unfair dismissal at 20 weeks

    by Jo Faragher 25 Sep 2019
    by Jo Faragher 25 Sep 2019

    A woman has been awarded almost £28,000 after a tribunal found she had been unfairly dismissed at 20 weeks pregnant....

    • Age discrimination
    • Latest News
    • Retirement

    Oxford University retirement policy facing fresh challenge

    by Adam McCulloch 13 Sep 2019
    by Adam McCulloch 13 Sep 2019

    A second Oxford University professor this year is challenging the institution over its retirement policy...

    • Case law
    • Mental health conditions
    • Disability discrimination

    Suicidal NHS worker threatened with legal action awarded £92k

    by Ashleigh Webber 11 Sep 2019
    by Ashleigh Webber 11 Sep 2019

    A former NHS worker who was threatened with legal action after reporting feeling suicidal has been awarded £92,000 in compensation...

    • Latest News
    • Employment tribunals
    • Redundancy

    £12k for unfairly dismissed Age UK worker after botched redundancy

    by Adam McCulloch 16 Aug 2019
    by Adam McCulloch 16 Aug 2019

    An error made by managers working out who should be made redundant led to a successful claim of unfair dismissal from a former Age UK employee.

    • Constructive dismissal
    • Latest News
    • Information & consultation

    Tesco worker ‘left in the dark’ about role was unfairly dismissed

    by Ashleigh Webber 5 Aug 2019
    by Ashleigh Webber 5 Aug 2019

    A former Tesco employee who was left in the dark about changes to her role and suspended for not accepting them was constructively and unfairly dismissed.

    • NHS
    • Latest News
    • Mergers and acquisitions

    HR manager at merging NHS trust was unfairly dismissed

    by Adam McCulloch 2 Aug 2019
    by Adam McCulloch 2 Aug 2019

    An HR manager at a merged NHS trust has won her claim for unfair dismissal but two of her colleagues' cases failed.

    • Maternity
    • Latest News
    • Maternity and paternity

    Pregnant worker who challenged working hours wins unfair dismissal claim

    by Ashleigh Webber 2 Jul 2019
    by Ashleigh Webber 2 Jul 2019

    A care assistant who was dismissed has been awarded more than £35,000.

    • Latest News
    • Discrimination
    • Employment tribunals

    Employment tribunals beset by delays and transfers

    by Adam McCulloch 28 Jun 2019
    by Adam McCulloch 28 Jun 2019

    The employment tribunal system is still hamstrung by a lack of judicial and administrative resources, nearly two years after fees were scrapped

    • Case law
    • Latest News
    • Employment tribunals

    Restaurant worker unfairly dismissed after whistleblowing

    by Adam McCulloch 25 Jun 2019
    by Adam McCulloch 25 Jun 2019

    An employment tribunal has ruled that the sacking of an assistant restaurant manager after he had blown the whistle over ingredients was unfair.

    • Age discrimination
    • Age
    • Case law

    Oxford University’s retirement age not discriminatory, tribunal finds

    by Ashleigh Webber 23 May 2019
    by Ashleigh Webber 23 May 2019

    A former Oxford University academic who was forced to retire at 67 has lost his claim for unfair dismissal and...

    • Shared parental leave
    • Department for Business and Trade (DBT)
    • Latest News

    MP seeks to rescue new mums’ redundancy protection plans

    by Adam McCulloch 21 May 2019
    by Adam McCulloch 21 May 2019

    The government is accused of dragging its feet over protections for new mothers as a private member's bill is introduced in the House of Commons...

    • Case law
    • NHS
    • Discipline

    Proselytising Christian nurse loses second appeal against dismissal

    by Rob Moss 14 May 2019
    by Rob Moss 14 May 2019

    A nurse in Kent dismissed for “preaching” to patients has lost a second appeal against an employment tribunal ruling that...

    • Service provision changes
    • Financial penalties
    • Discipline

    Top 10 HR questions April 2019: Maximum compensation, holiday entitlement and positive action

    by Brightmine 2 May 2019
    by Brightmine 2 May 2019

    The annual increase to the limits on compensation that can be awarded in an...

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