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The Employer's Handbook 2014-15, 10th Edition by Barry Cushway

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14

Terminating Employment

There are various ways that the employment relationship can come to an end, the most common being that the employee resigns, retires or is dismissed. It is critical to distinguish between a voluntary resignation and a dismissal, because it is only if there has been a dismissal that an employee can pursue a claim for unfair or wrongful dismissal, or redundancy.

Meaning of dismissal

A dismissal occurs when:

  • the contract is ended by the employer with or without notice;
  • a fixed-term contract expires without being renewed;
  • the employee ends the contract with or without notice and is entitled to do so because of the employer’s unreasonable conduct (known as ‘constructive dismissal’).

Dismissal with notice

When you dismiss ...

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