What Is A Dismissal?

An employee is regarded as dismissed when:

• An employer ends a contract of employment with or without notice to the employee.
• An employee has a reasonable expectation that the employer will renew a fixed-term contract on the same or similar terms, but the employer offers to renew it on less favourable terms, or does not renew it at all.
• An employer refuses to allow an employee to return to work after maternity leave.
• An employer selectively re-employs some employees after dismissal for the same or similar reasons but does not re-employ others.
• An employer makes the working environment impossible for the employee to tolerate, which forces the employee to leave (this is known as a constructive dismissal).
• There is a transfer of a business as a going concern and the new employer provides the employee with substantially less-favourable terms and conditions of employment than the old employer, and as a result the employee resigns.

A dismissal may be unfair or fair depending on the circumstances.

Click here to view the Code of Good Practice: Dismissal.