Dismissal

Recognise every route to dismissal

The clearest dismissal is an employer telling an employee that their employment will end. Non-renewal of a fixed-term contract also counts as dismissal. In some cases, a resignation can amount to constructive dismissal where the employee leaves in response to a serious breach by the employer, although not every workplace dispute meets that test.

Record who ended the relationship and how. Calling an employer-led exit a resignation, or assuming a fixed term simply disappears, can lead to the wrong process and final documents. The GOV.UK guidance on ending fixed-term contracts confirms the employer's dismissal responsibilities.

Match the reason to a fair process

Potentially fair reasons in Great Britain include conduct, capability or qualifications, redundancy, a statutory restriction, and another substantial reason. Naming one is only a starting point. The employer should still investigate or consult as appropriate, explain the concern or proposal, let the employee respond, consider alternatives and offer an appeal.

A conduct case needs evidence and a proportionate response. Capability may call for support, clear expectations and reasonable time to improve. Redundancy needs a genuine business reason and consultation. Using one label while following a process designed for another makes the decision harder to defend.

Confirm the decision and the end date

Write to the employee with the reason, the effective termination date, whether notice will be worked or paid, what final payments are due and how to appeal. If the employer relies on summary dismissal, identify the conduct found and why it justified no notice rather than treating the allegation as proof.

Keep unfair dismissal and wrongful dismissal separate. Unfair dismissal concerns statutory reason and process. Wrongful dismissal concerns breach of contract, commonly notice. One dismissal can raise either issue or both, so preserve the investigation, decision, contract and payment records needed to answer each question.