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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”.


    • General Data Protection Regulation
    • Data protection
    • TUPE

    Top 10 HR questions July 2017: Data subject access requests

    by Brightmine 2 Aug 2017
    by Brightmine 2 Aug 2017

    Employers will have less time to respond to data subject access requests under the General Data Protection Regulation (GDPR) and...

    • Reasonable adjustments
    • Enhanced pay
    • Case law

    Six important employment law cases in 2017

    by Laura Merrylees 28 Jul 2017
    by Laura Merrylees 28 Jul 2017

    The decision by the Supreme Court that the employment tribunal fees system is unlawful may be one of the most...

    • Employment law
    • Employment contracts
    • Unfair dismissal

    Relocation, relocation, relocation: legal issues when relocating staff in large numbers

    by Nick Le Riche 4 Jul 2017
    by Nick Le Riche 4 Jul 2017

    As office rents increase, organisations are considering relocating staff in significant numbers to new locations. Nick Le Riche of Bircham...

    • General Data Protection Regulation
    • Brexit
    • Personnel Today

    Top 10 HR questions May 2017: Some other substantial reason

    by Personnel Today 5 Jun 2017
    by Personnel Today 5 Jun 2017

    Perhaps the general election means that the collective HR consciousness has its mind elsewhere, or maybe it’s the effect of...

    • Tribunal Watch
    • Disability discrimination
    • Disability

    Social media misconduct: dismissal harsh but fair

    by Stephen Simpson 17 May 2017
    by Stephen Simpson 17 May 2017

    An employment tribunal has held that the dismissal of a long-serving employee over derogatory comments she made on Facebook about...

    • Agency workers
    • Employment law
    • Employment tribunals

    Brexit bonfire of employment law unnecessary, say employers

    by Rob Moss 4 May 2017
    by Rob Moss 4 May 2017

    Employers overwhelmingly back most existing employment rights and do not believe the current employment law framework should be revised after...

    • Tribunal Watch
    • Discipline
    • Discipline and grievances

    Tribunal awards £2 to claimant denied companion at disciplinary hearing

    by Stephen Simpson 24 Apr 2017
    by Stephen Simpson 24 Apr 2017

    Stephen Simpson rounds up recent decisions published on the online database of first-instance employment tribunal judgments

    • Brexit
    • Discipline
    • Discipline and grievances

    General election 2017: five things to know about politics in the workplace

    by Stephen Simpson 19 Apr 2017
    by Stephen Simpson 19 Apr 2017

    Can employers prevent staff from political campaigning at work? Should employees be banned from displaying their political allegiance, for example...

    • Employment tribunals
    • Redundancy
    • Unfair dismissal

    Statutory redundancy pay rates increase for 2017-18

    by Qian Mou 6 Apr 2017
    by Qian Mou 6 Apr 2017

    The maximum amount that can be used to calculate an employee’s statutory redundancy pay increases to £489 per week from...

    • Tribunal Watch
    • Apprenticeships
    • Discipline

    £25,000 for early termination of apprenticeship contract

    by Stephen Simpson 4 Apr 2017
    by Stephen Simpson 4 Apr 2017

    An employment tribunal has awarded £25,000 for breach of contract to an employee whose apprenticeship was ended early. Stephen Simpson...

    • Australia
    • Equality, diversity and inclusion
    • Employment contracts

    Australian employment law: 10 key features

    by Qian Mou 24 Mar 2017
    by Qian Mou 24 Mar 2017

    Generous leave entitlements and a unique legal framework characterise Australian employment law. Qian Mou highlights 10 interesting aspects of workplaces...

    • Absence
    • Employment law
    • Disability discrimination

    Long-term sick leave dismissals: court guidance on borderline cases

    by Personnel Today 21 Mar 2017
    by Personnel Today 21 Mar 2017

    The Court of Appeal has provided guidance on when employers can dismiss an employee on long-term sick leave, in what...

    • Tribunal Watch
    • Brexit
    • Agency workers

    BBC reporter’s employment case struck out

    by Stephen Simpson 8 Mar 2017
    by Stephen Simpson 8 Mar 2017

    An employment tribunal has struck out a BBC reporter’s claim after finding that she discussed her case with a newspaper...

    • Bonuses
    • Constructive dismissal
    • Employment contracts

    Revising a contract of employment: tips to avoid unfair dismissal

    by Joanna Sutton 2 Mar 2017
    by Joanna Sutton 2 Mar 2017

    Employers must tread carefully when revising a contract of employment. Joanna Sutton offers tips to avoid unfair dismissal claims or ...

    • Employment tribunals
    • Redundancy
    • Unfair dismissal

    Statutory redundancy pay to increase from 6 April 2017

    by Personnel Today 23 Feb 2017
    by Personnel Today 23 Feb 2017

    The maximum amount of statutory redundancy pay and the limit on the amount employment tribunals can award for unfair dismissal...

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