What is a dismissal?

The first question in any unfair dismissal claim is often whether there has been a dismissal at all. There is a dismissal where:

• the employer ends the employment contract, with or without notice;

• the employer does not renew a fixed-term contract (see page 277);

• the employee resigns in response to a fundamental (i.e. very serious) breach by the employer of the employment contract (known as “constructive dismissal);

• the employee resigns in response to an unambiguous ultimatum: “resign or you will be sacked!”;

• the employee is made redundant;

• a woman is not allowed to return to work after maternity leave;

• a new employer after a business transfer or a change of service provider covered by TUPE refuses to take on the transferring workforce (see Chapter 12);

• the employee resigns because of a serious detrimental change to their working conditions resulting from a business transfer or service provision change (see Chapter 12).