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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
    • Reasonable adjustments
    • Alcohol and drug misuse

    Tribunal watch: Unfair dismissal for smelling of alcohol at work

    by Stephen Simpson 8 Jun 2015
    by Stephen Simpson 8 Jun 2015

    An employment tribunal has held that an NHS worker was unfairly dismissed after a colleague reported him for smelling of...

    • Case law
    • Discipline
    • Discipline and grievances

    Disciplinary procedures: six common mistakes made by inexperienced managers

    by Fiona Cuming 4 Jun 2015
    by Fiona Cuming 4 Jun 2015

    Employers often spend a large amount of time drafting a fair disciplinary policy, but fail to give the same attention...

    • Tribunal Watch
    • Bullying and harassment
    • Health and safety

    Tribunal watch: Dismissals for mobile phone use while driving

    by Stephen Simpson 1 Jun 2015
    by Stephen Simpson 1 Jun 2015

    Two contrasting employment tribunal claims for unfair dismissal, one upheld and one rejected, have considered the fairness of dismissals for...

    • Collective redundancy
    • Tribunal Watch
    • Criminal records

    Tribunal watch: Man dismissed over domestic violence allegations claims sex discrimination

    by Stephen Simpson 18 May 2015
    by Stephen Simpson 18 May 2015

    An employee who was sacked for allegedly assaulting his girlfriend after a workplace party tried unsuccessfully to claim sex discrimination....

    • Tribunal Watch
    • Equal pay
    • Employment tribunals

    Tribunal watch: Complaint about “tosser” insult not protected disclosure

    by Stephen Simpson 11 May 2015
    by Stephen Simpson 11 May 2015

    An employment tribunal has given short shrift to a claim that a complaint about a line manager’s rudeness to a...

    • Collective redundancy
    • Tribunal Watch
    • Constructive dismissal

    Tribunal watch: Flawed redundancy consultation with BT staff

    by Stephen Simpson 5 May 2015
    by Stephen Simpson 5 May 2015

    An employment tribunal has awarded compensation to the former employees of a BT subsidiary for the failure to carry out...

    • Tribunal Watch
    • Maternity
    • Pregnancy and maternity discrimination

    Tribunal watch: Intensive training requirement led to sex discrimination judgment

    by Stephen Simpson 27 Apr 2015
    by Stephen Simpson 27 Apr 2015

    An employment tribunal has held that a female police officer who was required to attend an intensive firearms training course...

    • Tribunal Watch
    • Zero hours
    • Race discrimination

    Tribunal watch: EAT upholds “reverse zero hours” decision in Liverpool mayor case

    by Stephen Simpson 20 Apr 2015
    by Stephen Simpson 20 Apr 2015

    The Employment Appeal Tribunal (EAT) has upheld a decision limiting unfair dismissal compensation paid to the mayor of Liverpool, whose...

    • Tribunal Watch
    • Bullying and harassment
    • Constructive dismissal

    Tribunal watch: £3.1m for banker falsely labelled “Ms Cokehead”

    by Stephen Simpson 13 Apr 2015
    by Stephen Simpson 13 Apr 2015

    An employment tribunal award of £3.1 million has been given to a former banker who was forced out of her...

    • Europe
    • Discrimination
    • Pay & benefits

    EU employment laws can trump state immunity

    by Tom Kerr Williams and Katherine Gibson 7 Apr 2015
    by Tom Kerr Williams and Katherine Gibson 7 Apr 2015

    In DLA Piper’s latest case report, the Court of Appeal considered whether or not European law requires the provisions of...

    • Case law
    • Bullying and harassment
    • Dismissal

    April Fool’s Day: when workplace pranks go wrong

    by Stephen Simpson 1 Apr 2015
    by Stephen Simpson 1 Apr 2015

    Workplace pranks are harmless fun most of the time, but there are occasions when a practical joke in the workplace...

    • Tribunal Watch
    • Alcohol and drug misuse
    • Age discrimination

    Tribunal watch: £84,000 for bus driver who failed drug test after “touching contaminated banknotes”

    by Stephen Simpson 30 Mar 2015
    by Stephen Simpson 30 Mar 2015

    An employment tribunal has awarded a bus driver £84,000 for unfair dismissal after a drug test revealed traces of cocaine...

    • Tribunal Watch
    • Annual hours
    • Equal pay

    Tribunal watch: Sex discrimination against flexible working single parent

    by Stephen Simpson 23 Mar 2015
    by Stephen Simpson 23 Mar 2015

    An employment tribunal has held that Greater Manchester Police committed sex discrimination against a female police officer when it amended...

    • Age discrimination
    • Tribunal Watch
    • Constructive dismissal

    Tribunal watch: Cricket umpires lose age discrimination case

    by Stephen Simpson 16 Mar 2015
    by Stephen Simpson 16 Mar 2015

    An employment tribunal has rejected the age discrimination claims brought by two former cricket umpires, who were removed from their...

    • Shared parental leave
    • Maternity
    • Paternity

    April 2015 employment law changes: an eight-point checklist

    by Clio Springer 11 Mar 2015
    by Clio Springer 11 Mar 2015

    However changeable employment law may be, one thing you can rely on is that many of those employment law changes...

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