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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”.


    • 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...

    • Employment law
    • Equality, diversity and inclusion
    • Religious discrimination

    Muslim employee ‘forced to resign’ after wearing headscarf to work

    by Laura Chamberlain 7 Aug 2012
    by Laura Chamberlain 7 Aug 2012

    A London-based retailer forced a Muslim employee to resign after she wore a headscarf to work, because it wanted to...

    • NHS
    • Employment law
    • Equality, diversity and inclusion

    Discrimination awards reach record high due to two large NHS payouts

    by Laura Chamberlain 3 Aug 2012
    by Laura Chamberlain 3 Aug 2012

    The total compensation awarded in discrimination cases in 2011 reached a record high of just under £9 million, primarily due...

    • Employment law
    • Dismissal
    • Opinion

    Legal opinion: Reform of compensation for unfair dismissal

    by Personnel Today 10 Jul 2012
    by Personnel Today 10 Jul 2012

    Christopher Fisher and Purvis Ghani from law firm Mayer Brown look into the proposal to give the Secretary of State...

    • Employment law
    • Dismissal
    • Unfair dismissal

    Top five mistakes made by employers when dismissing staff

    by Luke Smith 26 Jun 2012
    by Luke Smith 26 Jun 2012

    Dismissing an employee is one of the most difficult things that an employer has to do. The cost of making...

    • Employment law
    • Dismissal
    • Redundancy

    Case of the week: Bon Groundwork Ltd v Foster

    by Clare Gregory 22 May 2012
    by Clare Gregory 22 May 2012

    Bon Groundwork Ltd v FosterFACTSMr Foster was employed by Bon Groundwork from 1997. He was laid off without pay on...

    • Employment law
    • Unfair dismissal

    Case of the week: Parker Rhodes Hickmotts Solicitors v Harvey

    by Adam Hartley 1 May 2012
    by Adam Hartley 1 May 2012

    Parker Rhodes Hickmotts Solicitors v HarveyFACTSMr Harvey was employed as a solicitor by Parker Rhodes Hickmotts Solicitors (PRH) from 1 September...

    • Employment law
    • Dismissal
    • Employment tribunals

    Sleeping night workers’ ‘rest break’ claim rejected

    by Personnel Today 20 Apr 2012
    by Personnel Today 20 Apr 2012

    Two night-shift care workers who were sacked after being found asleep on duty and who claimed they were “asserting the right...

    • Employment law
    • Department for Business and Trade (DBT)
    • Latest News

    Cable launches call for evidence on ‘onerous’ dismissal rules

    by John Eccleston 15 Mar 2012
    by John Eccleston 15 Mar 2012

    The Government has today announced the publication of a call for evidence that could result in an overhaul of the dismissal...

    • Employment law
    • Unfair dismissal

    6 April 2012 employment law changes: increase in unfair dismissal qualifying period

    by Personnel Today 13 Mar 2012
    by Personnel Today 13 Mar 2012

    One of the most significant changes to employment law coming into force on 6 April 2012 is the increase to...

    • Employment law
    • Dismissal
    • Employment tribunals

    Legal opinion: Are employers unknowingly at risk of tribunal claims under the transitional retirement provisions?

    by Jonathan Bruck 5 Mar 2012
    by Jonathan Bruck 5 Mar 2012

    The Employment Equality (Age) Regulations 2006 (“the Regulations”) were repealed on 6 April 2011, meaning that retirement could no longer...

    • Employment law
    • Unfair dismissal

    Government publishes draft increase in unfair dismissal qualifying period

    by John Eccleston 14 Feb 2012
    by John Eccleston 14 Feb 2012

    The Government has published draft legislation detailing the increase in the qualifying period for unfair dismissal from one year to...

    • Employment law
    • Unfair dismissal

    Unfair dismissal change will not be retrospective

    by Rob Moss 19 Jan 2012
    by Rob Moss 19 Jan 2012

    Employees starting work before 6 April 2012 will continue to be able to claim unfair dismissal after one year’s service,...

    • Local authorities
    • Employment law
    • Dismissal

    Case of the week: Dundee City Council v Sharp

    by Kate Hodgkiss 16 Jan 2012
    by Kate Hodgkiss 16 Jan 2012

    Dundee City Council v SharpFACTSMr Sharp was employed by Dundee City Council for 35 years until his dismissal in September...

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