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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”.


    • NHS
    • Employment law
    • Unfair dismissal

    Case of the week: Piper v Maidstone and Tunbridge Wells NHS Trust

    by Kate Hodgkiss 23 Apr 2013
    by Kate Hodgkiss 23 Apr 2013

    Piper v Maidstone and Tunbridge Wells NHS TrustThe claimant was employed by the respondent as a lead chaplin. Disciplinary action...

    • Employment law
    • Legal opinion
    • Opinion

    Changes to unfair dismissal law

    by Personnel Today 8 Apr 2013
    by Personnel Today 8 Apr 2013

    With changes to employment law – including a new maximum compensatory award for unfair dismissal – scheduled to come into...

    • Employment law
    • Latest News
    • Economics, government & business

    Baby P social workers lose appeal over disciplinary action

    by John Eccleston 4 Apr 2013
    by John Eccleston 4 Apr 2013

    The Court of Appeal has ruled that Haringey Council’s decision to start a second set of disciplinary proceedings against social...

    • Age discrimination
    • Case law
    • Employment law

    Case of the week: Lloyd v BCQ Group Ltd

    by Benedict Gorner 25 Mar 2013
    by Benedict Gorner 25 Mar 2013

    Lloyd v BCQ Group LtdFACTSMr Lloyd was employed by BCQ Group Ltd from 1978. In May 2007, he suffered a...

    • Employment law
    • Dismissal
    • Unfair dismissal

    Dismissals for allegedly threatening behaviour: were these fair?

    by Personnel Today 29 Jan 2013
    by Personnel Today 29 Jan 2013

    How should you deal with an employee who engages in allegedly threatening behaviour towards a colleague? This issue has been...

    • Employment law
    • Dismissal
    • Employment tribunals

    Case of the week: Jefferson (Commercial) LLP v Westgate

    by Gurpreet Duhra 22 Jan 2013
    by Gurpreet Duhra 22 Jan 2013

    Jefferson (Commercial) LLP v WestgateFACTSMr Westgate was employed by Jefferson (Commercial) LLP from 2002. By September 2010, the employer had...

    • Employment law
    • Latest News
    • Economics, government & business

    Government proposes cap on unfair dismissal payouts

    by John Eccleston 17 Jan 2013
    by John Eccleston 17 Jan 2013

    The Government has published its response to the consultation on “ending the employment relationship”, which includes its intention to reduce...

    • Employment law
    • Dismissal
    • Unfair dismissal

    Case of the week: Welton v Deluxe Retail Ltd (t/a Madhouse)

    by Clare Gregory 17 Jan 2013
    by Clare Gregory 17 Jan 2013

    Welton v Deluxe Retail Ltd (t/a Madhouse)FACTSMr Welton worked at a store in Sheffield that closed down, and his employment...

    • Employee-shareholders
    • Acas
    • Employee relations

    2013 employment law changes: 10 things employers need to know

    by Personnel Today 2 Jan 2013
    by Personnel Today 2 Jan 2013

    Every year brings with it some important new legislation for employers to negotiate. Whether related to employment tribunals, employee-shareholder contracts,...

    • Police
    • Employment law
    • Unfair dismissal

    Case of the week: DA v Strathclyde Joint Police Board

    by Ben Gomer 6 Dec 2012
    by Ben Gomer 6 Dec 2012

    DA v Strathclyde Joint Police BoardFACTSThe claimant (AC) was employed by the Strathclyde Joint Police Board as a police training...

    • Employment law
    • Local authorities
    • Unfair dismissal

    Case of the week: Asif v Elmbridge Borough Council

    by Mike Burns 3 Dec 2012
    by Mike Burns 3 Dec 2012

    Asif v Elmbridge Borough CouncilFACTSMs Asif was employed as an IT helpdesk administrative officer by Elmbridge Borough Council. There were...

    • Constructive dismissal
    • Employment law
    • Dismissal

    Legal opinion: UBS employees locked out before consultation begins

    by Joanne Owers 12 Nov 2012
    by Joanne Owers 12 Nov 2012

    Around 100 fixed income traders based at the London office of the Swiss bank UBS suffered the embarrassment of arriving...

    • Employee relations
    • NHS
    • Employment law

    Case of the week: R (on the application of Bakhsh) v Northumberland Tyne & Wear NHS Foundation Trust

    by Mike Burns 3 Sep 2012
    by Mike Burns 3 Sep 2012

    R (on the application of Bakhsh) v Northumberland Tyne & Wear NHS Foundation TrustFACTSMr Bakhsh was employed as a mental...

    • Employment law
    • Dismissal
    • Employment tribunals

    Case of the week: Mitchells of Lancaster (Brewers) Limited v Tattersall

    by Kate Hodgkiss 20 Aug 2012
    by Kate Hodgkiss 20 Aug 2012

    Mitchells of Lancaster (Brewers) Ltd v TattersallFACTSMitchells of Lancaster (Mitchells) is a brewer and owner of public houses. Mr Tattersall...

    • Service provision changes
    • Employment law
    • TUPE

    Case of the week: Seawell Ltd v Ceva Freight (UK) Ltd and another

    by Benedict Gorner 7 Aug 2012
    by Benedict Gorner 7 Aug 2012

    Seawell Ltd v Ceva Freight (UK) Ltd and anotherFACTSCeva is a freight forwarding and management logistics business. Ceva employed Mr Moffat...

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