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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
    • Constructive dismissal
    • Dispute resolution

    Personality clashes in the workplace: five interesting employment cases

    by Stephen Simpson 27 Feb 2015
    by Stephen Simpson 27 Feb 2015

    Personality clashes are the third most common cause of workplace conflict, according to an XpertHR survey. In what circumstances can...

    • Case law
    • Discipline
    • Discipline and grievances

    Misconduct outside the workplace: five key employment cases

    by Ashok Kanani 24 Feb 2015
    by Ashok Kanani 24 Feb 2015

    The recent allegations against a group of Chelsea supporters highlight how employee misconduct outside the workplace can cause difficulties for...

    • Tribunal Watch
    • Age discrimination
    • Police

    Tribunal watch: Met Police reaches settlement with former PC Carol Howard

    by Stephen Simpson 23 Feb 2015
    by Stephen Simpson 23 Feb 2015

    Carol Howard, the policewoman who successfully claimed race and sex discrimination against the Metropolitan Police, has reached a final settlement...

    • Tribunal Watch
    • Disability discrimination
    • Race discrimination

    Tribunal watch: Unfair dismissal over social media “selfie” wearing Osama Bin Laden mask

    by Stephen Simpson 16 Feb 2015
    by Stephen Simpson 16 Feb 2015

    A worker who placed on social media a “selfie” of himself wearing an Osama Bin Laden mask at work was...

    • Tribunal Watch
    • Case law
    • Employment law

    Tribunal watch: Church deacon’s unsuccessful unfair dismissal claim against pastor wife

    by Stephen Simpson 9 Feb 2015
    by Stephen Simpson 9 Feb 2015

    A church pastor has successfully defended an employment tribunal claim for unfair dismissal against her deacon husband. Stephen Simpson rounds...

    • Age discrimination
    • Tribunal Watch
    • Disability discrimination

    Ten expensive employment tribunal awards in 2014

    by Stephen Simpson 19 Jan 2015
    by Stephen Simpson 19 Jan 2015

    Since the introduction of fees, the employment tribunal has, thankfully, become a less common destination for the HR professional. However,...

    • Tribunal Watch
    • Unfair dismissal

    Tribunal watch: Aberdeen social workers’ unfair dismissal awards of £40,000 and £18,000

    by Stephen Simpson 1 Dec 2014
    by Stephen Simpson 1 Dec 2014

    Two former Aberdeen City Council social workers have been awarded around £40,000 and £18,000 respectively for unfair dismissal. Stephen Simpson...

    • Disability discrimination
    • Disability
    • Redundancy

    Redundancy selection: employer’s approach to disability-related absences

    by Ellen Inglis 27 Nov 2014
    by Ellen Inglis 27 Nov 2014

    In DLA Piper’s latest case report, the Employment Appeal Tribunal (EAT) tackled the thorny issue of applying sickness absence criteria...

    • Collective redundancy
    • Tribunal Watch
    • Information & consultation

    Tribunal watch: £50,000 awards for insolvent firm’s redundancy consultation failures

    by Stephen Simpson 24 Nov 2014
    by Stephen Simpson 24 Nov 2014

    A Northern Ireland tribunal has found that staff who were made redundant at Canadian firm Nortel are entitled to payments...

    • Tribunal Watch
    • Stress
    • Police

    Tribunal watch: Disability harassment against West Yorkshire Police for “doolally” remark

    by Stephen Simpson 17 Nov 2014
    by Stephen Simpson 17 Nov 2014

    An employment tribunal has found that a sergeant’s comments to a police officer returning to work after a stress-related absence...

    • Collective redundancy
    • Tribunal Watch
    • Agency workers

    Tribunal watch: Long-serving agency worker replaced by potentially redundant employee

    by Stephen Simpson 27 Oct 2014
    by Stephen Simpson 27 Oct 2014

    Agency workers have the right to be informed of relevant vacancies in the organisation to which they are assigned. But...

    • Tribunal Watch
    • Sexual orientation discrimination
    • TUPE

    Tribunal watch: TUPE transfer leads to pay cut for care workers

    by Stephen Simpson 13 Oct 2014
    by Stephen Simpson 13 Oct 2014

    The TUPE transfer of care staff from the NHS to Prospect Housing and Support Services resulted in unlawful variations to...

    • Unfair dismissal
    • Reservists

    New rules for army reservists from October 2014 are a mixed bag for employers

    by Matt Jackson 1 Oct 2014
    by Matt Jackson 1 Oct 2014

    Times are changing for employers of members of the reserve forces from 1 October 2014. The Territorial Army is no...

    • Tribunal Watch
    • Race discrimination
    • Unfair dismissal

    Tribunal watch: Dismissal for “liking” Facebook post about hitting boss

    by Stephen Simpson 29 Sep 2014
    by Stephen Simpson 29 Sep 2014

    An employment tribunal has awarded £32,000 to an employee who was unfairly dismissed after “liking” a Facebook comment about his...

    • Case law
    • Bullying and harassment
    • Dismissal

    Does the costly BBC case shed light on when to settle tribunal claims?

    by Vanessa James 24 Sep 2014
    by Vanessa James 24 Sep 2014

    A recent tribunal where the former BBC technology chief was found to be unfairly dismissed ended up costing the corporation...

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