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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”.


    • Employment law
    • Legal opinion
    • Performance management

    Annual appraisals – good, bad or just ugly?

    by Keely Rushmore 1 Feb 2017
    by Keely Rushmore 1 Feb 2017

    Many companies are moving away from annual appraisals towards monitoring employees’ progress throughout the year. Keely Rushmore offers advice on...

    • Tribunal Watch
    • Disability discrimination
    • Gig economy

    Social media misconduct: fair dismissal over historic tweets

    by Stephen Simpson 19 Jan 2017
    by Stephen Simpson 19 Jan 2017

    An employment tribunal held that a long-serving employee was fairly dismissed for making derogatory comments about his colleagues and his...

    • Tribunal Watch
    • Age discrimination
    • Bullying and harassment

    Tribunal Watch: Teacher’s dismissal for showing 18-rated film to pupils

    by Stephen Simpson 9 Jan 2017
    by Stephen Simpson 9 Jan 2017

    Tribunal Watch returns with a round-up of recent case law reported in the news. The Employment Appeal Tribunal (EAT) upheld...

    • Reasonable adjustments
    • Enhanced pay
    • Case law

    The 10 most important employment law cases in 2016

    by Stephen Simpson 30 Nov 2016
    by Stephen Simpson 30 Nov 2016

    What were the most significant employment case law decisions in 2016? Stephen Simpson counts down the 10 most important judgments...

    • Tribunal Watch
    • Case law
    • Dismissal

    Fair dismissal for failure to produce evidence of right to work in UK

    by Stephen Simpson 22 Nov 2016
    by Stephen Simpson 22 Nov 2016

    An employment tribunal held that an employee was fairly dismissed after failing to produce evidence of his right to work...

    • Constructive dismissal
    • Employment contracts
    • Unfair dismissal

    Varying contracts of employment: what are the risks for employers?

    by Clio Springer 10 Nov 2016
    by Clio Springer 10 Nov 2016

    Labour MP Siobhain McDonagh has suggested that thousands of M&S staff could lose their jobs in the run up to...

    • Tribunal Watch
    • Dismissal
    • Overtime

    Fair dismissal for refusal to work Christmas overtime

    by Stephen Simpson 9 Nov 2016
    by Stephen Simpson 9 Nov 2016

    An employment tribunal held that a food company employee was fairly dismissed after she refused to do overtime in the...

    • Childcare
    • Apprenticeships
    • Gender pay gap

    Top 10 HR questions September 2016: Tax-free Childcare

    by Personnel Today 4 Oct 2016
    by Personnel Today 4 Oct 2016

    Questions on Tax-free Childcare, the apprenticeship levy and gender pay gap reporting were the most popular FAQs on XpertHR in...

    • Case law
    • Discipline
    • Discipline and grievances

    Ill-health dismissals: Acas disciplinary code not applicable

    by Jane Hannon 11 Aug 2016
    by Jane Hannon 11 Aug 2016

    In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) confirmed that the Acas code of practice on disciplinary...

    • Age discrimination
    • Case law
    • Dismissal

    Default retirement age: five key trends since it hung up its boots

    by Stephen Simpson 8 Aug 2016
    by Stephen Simpson 8 Aug 2016

    It’s now five years since employers saw the abolition of the default retirement age. What impact has the removal of...

    • Brazil
    • Constructive dismissal
    • Health and safety

    Zika and employees – an unfortunate Olympic challenge

    by Ed Stacey 5 Aug 2016
    by Ed Stacey 5 Aug 2016

    Ed Stacey examines whether employees can be forced to work in Brazil in light of the Zika virus

    • Tribunal Watch
    • Health and safety
    • Dismissal

    Greggs baker fairly dismissed for not washing hands

    by Stephen Simpson 4 Aug 2016
    by Stephen Simpson 4 Aug 2016

    An employment tribunal has held that Greggs fairly dismissed an experienced baker who did not wash his hands before returning...

    • Reasonable adjustments
    • Case law
    • Childcare

    Five important employment law cases in 2016… and five more to come

    by Stephen Simpson 21 Jul 2016
    by Stephen Simpson 21 Jul 2016

    Your annual summer round-up of the most important employment law cases 2016 has seen so far, and those still to come…

    • Business performance
    • Corporate governance
    • Employee relations

    Theresa May promises worker representatives on boards

    by Rob Moss 11 Jul 2016
    by Rob Moss 11 Jul 2016

    The UK’s next prime minister Theresa May has vowed to put worker representatives on boards of major companies and to...

    • Employment law
    • Discipline
    • Unfair dismissal

    Disparity of treatment: when is it lawful to treat employees differently for the same misconduct?

    by Natalie Jeffries 6 Jul 2016
    by Natalie Jeffries 6 Jul 2016

    Employers need to tread carefully in situations where disparity of treatment arises. Natalie Jeffries, an associate from Burges Salmon, looks...

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