Dismissal

This section deals with dismissal and here we give introductory guidance on

• the key concepts behind wrongful, unfair and constructive dismissal
• automatically unfair reasons for dismissal and the qualifying conditions for bringing an unfair dismissal claim
• an overview of permissible reasons for fair dismissal and how fairness is judged the different rules that apply to retirement dismissals.

Dismissal is a serious matter that needs careful handling. According to ACAS, among the commonest reasons for dismissal are misconduct, inability to do the job and redundancy.

Dismissal of an employee occurs when:

• the employer terminates the contract, either with or without giving notice
• a fixed term contract ends and is not renewed
• the employee leaves, with or without giving notice, in circumstances in which they are entitled to do so because of the employer’s conduct.

A dismissal will normally be ‘fair’ provided the employer has a good reason for the dismissal and has acted ‘reasonably’ in carrying it out. When somebody is dismissed, they often say they will claim unfair dimissal or wrongful dismissal. The terms are often used interchangeably, particularly in media reports, but in fact they arise from very different concepts. You can get much more detail about unfair dismissal and wrongful dismissal in the pages that follow.