Editor's message: Before dismissing any employee, employers need to make sure that they have grounds falling within one of the potentially fair reasons, set out in s.98 of the Employment Rights Act 1996.
The five potentially fair reasons for dismissal are:
However, employers should also be aware that, even where there is a potentially fair ground for dismissal, it must also be fair in the circumstances.
Ashok Kanani, Employment law editor
Updated to include information on PRA and FCA requirements for reporting any disciplinary action taken due to a breach of the conduct rules.
XpertHR's Quick reference tool has been updated following the publication of the latest annual tribunal statistics.
Updated to include information on the Advocate General's opinion in Parris v Trinity College Dublin and others, concerning a same-sex partner's entitlement to a survivor's pension.
A table listing the unfair dismissal awards made by employment tribunals in 2015/16.
Practical guidance on dealing with the situation in which an employee no longer has the right to work in the UK, including guidance on avoiding illegal working, fair dismissal, the 28-day grace period and the Home Office employer checking service.
Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.
A recent case has caused uncertainty about the HR role in disciplinary procedures. HR should certainly not be judge, jury and hangman, writes John Charlton.
Updated to include information on McTigue v University Hospital Bristol NHS Foundation Trust, concerning the treatment of the hirer of an agency worker as an employer, and on Royal Mail Group Ltd v Jhuti, relating to the motivation of the individual dismissing the whistleblower.
Updated to include information on McBride v Scottish Police Authority, in which the Supreme Court considered the employment tribunal's power to order reinstatement.
HR and legal information and guidance relating to dismissal.