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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”.


    • Tribunal Watch
    • Bullying and harassment
    • Dismissal

    Dismissed worker argued racist term was “street talk”

    by Stephen Simpson 9 Jun 2016
    by Stephen Simpson 9 Jun 2016

    An employment tribunal held that an employee was fairly dismissed after using a racist term at work, despite his arguments...

    • Tribunal Watch
    • Criminal records
    • Dismissal

    Religious discrimination: Christian teacher’s dismissal for refusal to divorce sex offender

    by Stephen Simpson 23 May 2016
    by Stephen Simpson 23 May 2016

    The Employment Appeal Tribunal (EAT) has held that a Christian employee, dismissed for not divorcing her husband when he was...

    • Case law
    • Health and safety
    • Discipline and grievances

    One-off serious mistakes at work: five key cases

    by Stephen Simpson 17 May 2016
    by Stephen Simpson 17 May 2016

    A mistake by a private security company during a training exercise led to a fake bomb being left in a...

    • Alcohol and drug misuse
    • Tribunal Watch
    • Dismissal

    Fair dismissal of line manager who refused workplace drug test

    by Stephen Simpson 16 May 2016
    by Stephen Simpson 16 May 2016

    An employment tribunal rejected an unfair dismissal claim by a line manager who was sacked when he refused to take...

    • National living wage
    • Gender pay gap
    • Holidays and holiday pay

    Top 10 HR questions March 2016: national living wage pay reference periods

    by Personnel Today 4 Apr 2016
    by Personnel Today 4 Apr 2016

    Most employers will hopefully know by now that the national living wage...

    • Tribunal Watch
    • Dismissal
    • Unfair dismissal

    Fair misconduct dismissal of employee “pulling a sickie”

    by Stephen Simpson 29 Mar 2016
    by Stephen Simpson 29 Mar 2016

    An employee on sick leave who was found to have exaggerated the effects of an injury caused by a slip...

    • Case law
    • Employment law
    • Unfair dismissal

    Defending tribunal claims: don’t forget mitigation of loss

    by Charles Wynn-Evans 29 Mar 2016
    by Charles Wynn-Evans 29 Mar 2016

    When defending tribunal claims, employers need to gather relevant evidence and prepare arguments about the employee’s efforts to mitigate their...

    • Age discrimination
    • Compassionate leave
    • Apprenticeships

    Six interesting facts about employment law in Ireland

    by Sarah Anderson 17 Mar 2016
    by Sarah Anderson 17 Mar 2016

    Employers in the Republic of Ireland have to pay a contribution of employees’ earnings to a national training fund and...

    • Employment tribunals
    • Redundancy
    • Unfair dismissal

    Statutory redundancy pay to increase from 6 April 2016

    by Personnel Today 4 Mar 2016
    by Personnel Today 4 Mar 2016

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

    • Tribunal Watch
    • Sexual harassment
    • NHS

    Sexual harassment: tribunal awards £830k to NHS HR director

    by Stephen Simpson 22 Feb 2016
    by Stephen Simpson 22 Feb 2016

    An employment tribunal has awarded more than £830,000 to an NHS HR director who was constructively dismissed and harassed after...

    • Case law
    • Discipline
    • Discipline and grievances

    Unfair dismissal: allegations of bad faith in disciplinary procedures

    by Lindsay Macdonald 17 Feb 2016
    by Lindsay Macdonald 17 Feb 2016

    In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) held that, where there are allegations of bad faith...

    • Tribunal Watch
    • Discipline
    • Discipline and grievances

    Dismissal of worker who described bosses as “fascist”

    by Stephen Simpson 29 Jan 2016
    by Stephen Simpson 29 Jan 2016

    An employment tribunal held that an employee on a final warning was fairly dismissed after becoming aggressive during a meeting...

    • Case law
    • Discipline
    • Discipline and grievances

    Ten ways disciplinary procedures can go wrong for employers

    by Katherine Pope 25 Jan 2016
    by Katherine Pope 25 Jan 2016

    There is nothing more frustrating for employers than discovering that an employee dismissed for blatant misconduct has an arguable claim...

    • Tribunal Watch
    • Bribery
    • Case law

    Bribery Act 2010: worker fairly dismissed for taking bribe despite reporting it

    by Stephen Simpson 18 Jan 2016
    by Stephen Simpson 18 Jan 2016

    An employment tribunal held that an immigration officer was fairly dismissed for accepting a bribe from an offender, despite then...

    • Case law
    • Discipline
    • Discipline and grievances

    Case on role of HR in disciplinary proceedings settles

    by Personnel Today 15 Jan 2016
    by Personnel Today 15 Jan 2016

    A key case for HR, which was expected to go to the Court of Appeal in 2016, has settled. The...

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Personnel Today
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