Jurisdiction(s):
United Kingdom

Key definition

Dismissal definition

What does Dismissal mean? Dismissal describes the termination of employment by the employer. In practice it covers termination with notice, summary termination for alleged gross misconduct, expiry and non-renewal of a fixed-term contract, and resignations treated at law as constructive dismissal. In England & Wales and Scotland, the Employment Rights Act 1996 defines when an employee is dismissed for unfair dismissal purposes; the Employment Rights (Northern Ireland) Order 1996 contains materially similar provisions. In Ireland, the Unfair Dismissals Acts 1977–2015 define dismissal, including constructive dismissal. The classification of an exit as a dismissal determines available statutory and contractual claims, including unfair dismissal, wrongful...

Adoption Leave (ordinary and additional): Protection from Detriment and Automatic Unfair Dismissal, Claims, Remedies, Redundancy Protections and Written Reasons

Published by a LexisNexis Employment expert

Practice notes

Staff are safeguarded from being dismissed, or treated to their disadvantage, where the reason relates to ordinary Adoption leave (OAL) or additional adoption leave (AAL).

Protection from detriment

An employee has the right not to suffer a detriment arising from any act, or intentional omission, by their employer where this occurs because:

they took, or tried to take, OAL or AAL
the employer believed they were likely to take OAL or AAL
they did not return at the end of AAL and the employer:
- failed to tell them the date AAL ended (see Practice Note: Adoption leave—Giving notice and evidential Requirements), causing the employee reasonably to believe their AAL was still ongoing, or
- gave fewer than 28 days' notice of the date AAL would finish, and it was not reasonably practicable for the employee to return on that day

Whether an employee has 'sought' to take ordinary or additional adoption leave is a question of fact for the tribunal, which will apply the everyday meaning of 'sought' after considering the evidence...

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Web page updated on 21/05/2026

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