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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”.


    • 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...

    • Tribunal Watch
    • Reasonable adjustments
    • Absence

    Expensive employment tribunal awards: six-figure sums in 2015

    by Stephen Simpson 6 Jan 2016
    by Stephen Simpson 6 Jan 2016

    While employment tribunal fees have drastically reduced the number of cases and typical awards for claimants are generally four-figure sums,...

    • Absence
    • Tribunal Watch
    • Financial penalties

    Museum worker fairly dismissed for persistent lateness at work

    by Stephen Simpson 4 Jan 2016
    by Stephen Simpson 4 Jan 2016

    A museum was found to have fairly dismissed a worker during a crackdown on persistent lateness at work, after he...

    • Collective redundancy
    • Tribunal Watch
    • Agency workers

    The 10 most important employment law cases in 2015

    by Stephen Simpson 7 Dec 2015
    by Stephen Simpson 7 Dec 2015

    What were the most significant employment case law decisions in 2015? We count down the 10 most important judgments for employers this year.

    • Employment law
    • Discipline and grievances
    • Dismissal

    Misconduct dismissals: ruling shows risks of HR involvement

    by Akshay Choudhry 4 Dec 2015
    by Akshay Choudhry 4 Dec 2015

    A recent case where an HR team advised a line manager to dismiss an employee highlights the risks of HR...

    • Tribunal Watch
    • Case law
    • Discipline

    No payout for London Zoo keeper unfairly dismissed over Christmas party fight

    by Stephen Simpson 23 Nov 2015
    by Stephen Simpson 23 Nov 2015

    A London Zoo meerkat handler who got into a Christmas party fight with...

    • Tribunal Watch
    • Employment law
    • Discipline

    Bank worker who licked – then punched – colleague at party was fairly dismissed

    by Stephen Simpson 16 Nov 2015
    by Stephen Simpson 16 Nov 2015

    The EAT has held that a bank worker who licked the face of a colleague...

    • Case law
    • Unfair dismissal

    BBC spent close to £500,000 fighting unfair dismissal claim

    by Jo Faragher 5 Nov 2015
    by Jo Faragher 5 Nov 2015

    The BBC spent nearly £500,000 failing to defend an unfair dismissal claim brought by its former chief technology officer John...

    • Case law
    • Employment law
    • Dismissal

    Wrongful dismissal: risks of trawling through an employee’s past

    by Andy Carruthers 29 Oct 2015
    by Andy Carruthers 29 Oct 2015

    The case of Williams v Leeds United FC seems to show the benefits of so-called “fishing expeditions”, or trawling through...

    • Alcohol and drug misuse
    • Absence
    • Case law

    Halloween in the workplace: five legal issues to scare employers

    by Stephen Simpson 26 Oct 2015
    by Stephen Simpson 26 Oct 2015

    Halloween is becoming an increasingly extravagant and high-profile event in the UK, having traditionally lagged behind US celebrations each October....

    • Tribunal Watch
    • Dismissal
    • Unfair dismissal

    Some-other-substantial-reason dismissal when client refused to have employee on site was fair

    by Stephen Simpson 13 Oct 2015
    by Stephen Simpson 13 Oct 2015

    An employer fairly dismissed an employee for “some other substantial reason” when the client refused to have her back on...

    • Tribunal Watch
    • Sexual harassment
    • Age discrimination

    Young adults win age discrimination claims over unfair criticism

    by Stephen Simpson 29 Sep 2015
    by Stephen Simpson 29 Sep 2015

    Two young sisters suffered age discrimination after their employer subjected them to aggressive and unfair criticism, an employment tribunal has...

    • Case law
    • Health and safety
    • Dismissal

    Unfair dismissal on health and safety grounds of long-serving employee

    by Clare Gregory 22 Sep 2015
    by Clare Gregory 22 Sep 2015

    In DLA Piper’s latest case report, the Court of Appeal considered the familiar question of when an employment tribunal can...

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