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...

Unfair dismissal: procedural fairness under the Acas Code—investigation standards, decision-maker knowledge, appeals curing defects, and re-opening disciplinary processes (Great Britain)

Published by a LexisNexis Employment expert

Practice notes

This Practice Note

This Practice Note outlines the core requirements of a fair procedure (fair process or system) in the setting of an unfair Dismissal claim, to assess whether a dismissal is unfair.

In addressing procedural unfairness, it considers:

the Acas Code of practice on Disciplinary and Grievance Procedures (‘the Acas Code of Practice’)
what amounts to disciplinary situations and grievances
whether an employer is fixed with knowledge of matters unknown to the decision-taker
the circumstances in which procedural defects can be cured on appeal
whether re-opening a concluded disciplinary process may still be procedurally fair

It also directs readers to other Practice Notes that examine the fairness of dismissal for each of the statutory reasons. Even where an employer establishes a potentially fair reason for dismissal, the outcome may still be unfair if a fair procedure has not been followed. The Acas Code of Practice will likewise apply, save for Redundancy dismissals and dismissals on the expiry of a Fixed-term contract...

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Web page updated on 21/05/2026

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