What is a dismissal?
A dismissal takes place where:
• the employment contract is terminated by the employer;
• a fixed-term contract is not renewed (this covers all types of fixed term contract, including a fixed term contract for a single project);
• the employee resigns in response to a fundamental breach of the employment contract (known as constructive dismissal);
• an employee resigns in response to an ultimatum: “resign or you will be sacked”;
• a contract ends because of a redundancy situation (voluntary or compulsory);
• a woman is not allowed to return to work after maternity leave;
• there is a refusal to re-employ after a business reorganisation, such as a sale, merger or takeover; or
• an employee resigns because of a serious detrimental change to working conditions resulting from a TUPE transfer (see Chapter 12: TUPE).
For there to be a dismissal, the employment contract must have ended.