Unfair dismissal
This guide explains conduct, which is one of the potentially fair reasons for dismissal in an unfair dismissal claim. An unfair dismissal claim involving misconduct generally revolves around whether the decision to dismiss fell within the range of reasonable responses and the employer followed a fair procedure in line with the "Acas code of practice on disciplinary and grievance procedures".
This guide breaks down "some other substantial reason" for dismissal, which is one of five potentially fair reasons capable of justifying dismissal. Examples of situations that can, depending on the circumstances, fall within this potentially fair reason for dismissal include third-party pressure to dismiss, personality clashes, and reputational damage.
This guide explains lack of capability or qualifications, which is one of five potentially fair reasons capable of justifying dismissal. Capability dismissals generally occur as the result of poor performance or ill health. The absence of the necessary qualifications is also a potentially fair reason for dismissal.
An IT director who insisted on working from home for an important meeting was unfairly dismissed, a tribunal has ruled.
A worker was subject to disability discrimination after his manager repeatedly sighed and made 'exaggerated exhales', an employment tribunal has found.
In October 2024 the Government launched a major overhaul of employment law in the form of the Employment Rights Bill. A number of important amendments have been introduced since the proposed legislation was first published. Stephen Simpson, principal editor at Brightmine, joins the podcast to provide an update and help HR departments prepare for the changes.
Updated to reflect statutory limits in place from 6 April 2025.
Updated to reflect the maximum compensatory award from 6 April 2025.
Updated to reflect an increase in unfair dismissal compensation limits, effective from 6 April 2025.
Updated to reflect an increase in the maximum unfair dismissal compensatory award, with effect from 6 April 2025.
HR and legal information and guidance relating to unfair dismissal.