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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
    • OH employment law
    • Discipline

    MoD dismissal of sick worker who appeared as medium judged fair

    by Stephen Simpson 21 Sep 2015
    by Stephen Simpson 21 Sep 2015

    A Ministry of Defence (MoD) employee was fairly dismissed for making public appearances as a medium while on sick leave,...

    • Tribunal Watch
    • Case law
    • Disability discrimination

    Mother dismissed over absenteeism suffered sex discrimination

    by Stephen Simpson 14 Sep 2015
    by Stephen Simpson 14 Sep 2015

    An insurance company committed sex discrimination against a mother dismissed over absenteeism linked to her daughter’s ill health, an employment...

    • Case law
    • Dismissal
    • Unfair dismissal

    Heat-of-the-moment dismissals: were these employees sacked or did they resign?

    by Stephen Simpson 4 Sep 2015
    by Stephen Simpson 4 Sep 2015

    What happens if a manager or small business owner gets into an argument with an employee, and ends up saying...

    • Tribunal Watch
    • Dismissal
    • Unfair dismissal

    Unfair dismissal: small business instantly dismissed employee during argument

    by Stephen Simpson 24 Aug 2015
    by Stephen Simpson 24 Aug 2015

    An employee was unfairly dismissed when he was told to “not bother coming back on Monday” during an argument with...

    • Tribunal Watch
    • Maternity
    • Unfair dismissal

    Social media misconduct: fair dismissal for Facebook boasts of getting drunk while on standby

    by Stephen Simpson 10 Aug 2015
    by Stephen Simpson 10 Aug 2015

    An employment tribunal was wrong to conclude that a Scottish Canals employee was unfairly dismissed after he posted Facebook comments...

    • Health and safety
    • Dismissal
    • Modern slavery

    Top 10 HR questions July 2015: “Some other substantial reason”

    by Personnel Today 4 Aug 2015
    by Personnel Today 4 Aug 2015

    New FAQs covering various aspects of dismissal were among the most popular on XpertHR in July, including one on the...

    • Tribunal Watch
    • Sexual harassment
    • Constructive dismissal

    NHS trust’s former HR director wins tribunal claim over chairman’s sexual advances

    by Stephen Simpson 3 Aug 2015
    by Stephen Simpson 3 Aug 2015

    An HR director in the NHS was constructively dismissed...

    • Tribunal Watch
    • Bullying and harassment
    • Disability discrimination

    Dismissal of employee with disabled daughter was associative disability discrimination

    by Stephen Simpson 27 Jul 2015
    by Stephen Simpson 27 Jul 2015

    An employer committed associative disability discrimination against an employee following indications that he would be increasing the time spent with...

    • Tribunal Watch
    • Discipline
    • Religious discrimination

    Removal of Muslim’s Quran during locker clearance not religious discrimination

    by Stephen Simpson 20 Jul 2015
    by Stephen Simpson 20 Jul 2015

    An employment tribunal has held that the removal of a Muslim’s Quran (Koran) during a locker clearance was not religious...

    • Tribunal Watch
    • Case law
    • NHS

    Jewish job applicant awarded £17,000 over Saturday working

    by Stephen Simpson 6 Jul 2015
    by Stephen Simpson 6 Jul 2015

    An employment tribunal has ordered an employer to pay over £17,000 to a devoutly religious Jewish applicant who was turned...

    • South America
    • Dismissal
    • Information & consultation

    Employment law in Chile: Seven interesting facts

    by Laura Merrylees 2 Jul 2015
    by Laura Merrylees 2 Jul 2015

    Chile is host to many multinational businesses, and has one of the highest rates of working hours in the world....

    • Constructive dismissal
    • Dismissal
    • Sickness absence

    Live Q&A webinar: Managing dismissals

    by Susan Dennehy 23 Jun 2015
    by Susan Dennehy 23 Jun 2015

    ON-DEMAND | When it comes to dismissing an employee, even the most experienced HR professional can struggle. Unfair dismissal law remains extremely complex and getting it wrong can be expensive.

    • Tribunal Watch
    • Sexual harassment
    • Maternity

    Tribunal watch: £406,000 for architect subjected to maternity discrimination

    by Stephen Simpson 22 Jun 2015
    by Stephen Simpson 22 Jun 2015

    Reports suggest that an employment tribunal has awarded £406,000 to an architect who was subjected to sexist bullying and marginalised...

    • Tribunal Watch
    • Sexual harassment
    • Jersey

    Tribunal watch: Dismissal for forwarding pension proposals a “monstrous overreaction”

    by Stephen Simpson 15 Jun 2015
    by Stephen Simpson 15 Jun 2015

    An employee who discovered a draft document about proposed changes to the pension scheme on his employer’s shared drive and...

    • Discipline
    • Discipline and grievances
    • Dismissal

    Unfair dismissal quiz: Are these employers’ harsh dismissals fair or unfair?

    by Stephen Simpson 12 Jun 2015
    by Stephen Simpson 12 Jun 2015

    The classic “range of reasonable responses test” in unfair dismissal cases means that a harsh dismissal is not necessarily an...

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