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.