Dismissals

Question	Answer
Unfair dismissal	Section 94 Employment Rights Act 1996 94 The right. (1)An employee has the right not to be unfairly dismissed by his employer.
Summary dismissal	Dismissal without notice. On the spot. Can be wrongful and unfair
Constructive dismissal	Employer breaches contract and employee resigns in response Can be unfair, wrongful or discriminatory Can be automatically unfair
Wrongful dismissal	Dismissal without notice or otherwise in breach of contract section 86 ERA contractual notice
Discriminatory dismissal	section 39 Equality Act 2010
Automatically unfair dismissal	There are certain situations in which the dismissal by an employer for a specific reason will be treated as being automatically unfair. The category of reasons which qualify for this special protection has been extended to cover a wide variety of different circumstances. eg: taking leave for family reasons (ERA 1996 s 99) performing certain health and safety activities (ERA 1996 s 100)

Resource summary

	Created by hevspider almost 10 years ago