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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
    • Latest News
    • Labour market

    Employment Rights Bill will ‘wreak havoc’, say small firms

    by Rob Moss 20 Feb 2025
    by Rob Moss 20 Feb 2025

    Day-one unfair dismissal and sick pay rights among small firms' greatest concerns about Employment Rights Bill, FSB survey shows.

    • Civil Service
    • Latest News
    • Economics, government & business

    Fall of Kabul whistleblower wins unfair dismissal case

    by Jo Faragher 19 Feb 2025
    by Jo Faragher 19 Feb 2025

    A civil servant who blew the whistle on the UK’s withdrawal from Afghanistan has won a case for unfair dismissal against the Foreign Office.

    • Employment law
    • Latest News
    • Employment tribunals

    American church organist unfairly dismissed from Surrey post, rules tribunal

    by Adam McCulloch 14 Feb 2025
    by Adam McCulloch 14 Feb 2025

    An organist from the US has won a wrongful dismissal case at an employment tribunal against a parish church.
    In...

    • Case law
    • Latest News
    • Education

    Free speech: Kristie Higgs triumphs at Court of Appeal

    by Rob Moss 12 Feb 2025
    by Rob Moss 12 Feb 2025

    Christian school assistant sacked after sharing Facebook posts her employer deemed trans- and homophobic wins case at the Court of Appeal.

    • Case law
    • Employment law
    • Latest News

    Officer fairly dismissed for not disclosing previous sacking – EAT

    by Rob Moss 11 Feb 2025
    by Rob Moss 11 Feb 2025

    Border Force officer who failed to declare he was previously fired by his employer was fairly dismissed, rules EAT.

    • Employee relations
    • Disability discrimination
    • Latest News

    Three in five tribunal claims settled before final hearing

    by Kavitha Sivasubramaniam 11 Feb 2025
    by Kavitha Sivasubramaniam 11 Feb 2025

    More than three in five (62%) of employment tribunal claims were settled before their final hearing, according to new figures.

    • Disability discrimination
    • Latest News
    • Mental health

    Worker wanting to WFH from Pakistan was unfairly dismissed

    by Rob Moss 4 Feb 2025
    by Rob Moss 4 Feb 2025

    Software developer refused her request to WFH in Pakistan unfairly dismissed by employer after it failed to provide sufficient notice.

    • Latest News
    • Employment tribunals
    • Performance management

    Museum worker wins unfair dismissal case on lack of formal warning

    by Jo Faragher 22 Jan 2025
    by Jo Faragher 22 Jan 2025

    A museum worker whose social media posts were littered with typos was unfairly dismissed, a tribunal has found.

    • Coronavirus
    • Disability discrimination
    • Latest News

    Hospital porter who refused to wear mask fairly dismissed

    by Jo Faragher 2 Jan 2025
    by Jo Faragher 2 Jan 2025

    A hospital porter who was sacked for refusing to wear a face mask during the Covid pandemic has lost his claim for unfair dismissal and discrimination.

    • Collective redundancy
    • Latest News
    • Job creation and losses

    Why a fair redundancy cannot rely on cost-saving alone

    by Dan Peyton 17 Dec 2024
    by Dan Peyton 17 Dec 2024

    Businesses seeking to cut costs through redundancies post-budget should not rely on this as the sole reason for dismissal.

    • Employment law
    • Latest News
    • Pregnancy and maternity discrimination

    Mothercare discriminated against employee on maternity leave

    by Kavitha Sivasubramaniam 16 Dec 2024
    by Kavitha Sivasubramaniam 16 Dec 2024

    Baby products business Mothercare created a “sham” redundancy to sack an employee who took maternity leave.

    • Constructive dismissal
    • Bullying and harassment
    • Employment law

    The 10 strangest employment tribunal cases of 2024

    by Adam McCulloch 6 Dec 2024
    by Adam McCulloch 6 Dec 2024

    From seemingly throwaway remarks to out-of-the-blue dismissals, here are 10 of the more bizarre and unusual employment tribunal cases from 2024.

    • Zero hours
    • Employment law
    • Latest News

    Employment Rights Bill: tribunal time limit to be extended

    by Jo Faragher 28 Nov 2024
    by Jo Faragher 28 Nov 2024

    An amendment paper on the Employment Rights Bill has been issued by the House of Commons, including a number of significant changes.

    • Employee relations
    • Employment law
    • Latest News

    RPC warns of lower pay and fewer jobs under Employment Rights Bill

    by Jo Faragher 25 Nov 2024
    by Jo Faragher 25 Nov 2024

    Some of the government’s impact assessments of the Employment Rights Bill were ‘not fit for purpose’ and the policies could...

    • Sexual harassment
    • Bullying and harassment
    • Employment law

    Lawyer unfairly dismissed over sexual harassment allegations

    by Adam McCulloch 15 Nov 2024
    by Adam McCulloch 15 Nov 2024

    A lawyer was dismissed for sexually assaulting a female colleague despite CCTV evidence showing her account of the incident was false.

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