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...

Termination of employment contracts: fixed terms, event triggers, notice and PILON, repudiatory breach, mutual consent, statutory notice and garden leave – overview for practitioners

Published by a LexisNexis Employment expert

Practice notes

This Practice Note

This Practice Note offers a concise outline of common contractual terms governing the end of employment and directs readers to fuller resources. An employment contract can cease in several ways. In some cases the ending amounts to a Dismissal, giving the employee certain statutory protections, for example the ability to bring an Unfair dismissal claim. In other situations the employee leaves of their own accord; in those circumstances they generally cannot claim against the employer unless the Resignation is a Constructive dismissal.

Parties should address termination clauses at the very start of employment, particularly as views on what is suitable may diverge. By the time those clauses are relied upon, the relationship may have deteriorated and each side may take a different stance.

Contracts commonly allow termination to occur:

on the expiry (without renewal) of a fixed term: the agreement may run for a stated period and then end automatically when that period concludes, unless the parties have agreed an extension. In some instances, the option to renew rests with only one party...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 28/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...