Employment law cases

All items: Dismissal for some other substantial reason

  • Case round-up

    David Malamatenios is a partner and Colin Makin, Linda Quinn, Krishna Santra and Sandra Martins are associates at Colman Coyle Solicitors. They round up the latest rulings.

  • Fair dismissal of foreign worker who could not prove right to work in the UK

    This employment tribunal case arose from a situation in which the employer felt that it had no option but to dismiss a foreign worker who lost her right to work in the UK.

  • Fair dismissal of security supervisor who did not hold required security licence

    Date:
    23 April 2013

    This private security contractor, which needed most employees by law to hold a security licence, fairly dismissed an employee who did not have the required documentation.

  • Case of the week: Dismissal for some other substantial reason

    This week's case of the week, provided by DLA Piper, covers whether or not the "Acas code of practice on disciplinary and grievance procedures" applied in a dismissal for a breakdown in trust and confidence.

  • Third-party pressure to dismiss: unfair dismissal of employee whose removal was condition of nightclub retaining licence

    This employer was told by the police that a non-negotiable condition of retaining the licence for its nightclub business, without which it would have to close, was the removal of an employee who had allegedly poorly handled incidents of violent crime in the nightclub.

  • Case round-up

    Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.

  • Unfair dismissal of reservist returning to work after deployment in Afghanistan

    In this case, the employer failed to meet its legal obligations to an employee who was a reservist returning from deployment in Afghanistan. The case was complicated by the fact that it was a client's refusal to have the employee back on site that resulted in his dismissal.

  • Unfair dismissal: contractual disciplinary procedures do not apply to a breakdown in trust and confidence

    Date:
    24 March 2011

    The Employment Appeal Tribunal has held that, where an employee is dismissed primarily because of a breakdown in trust and confidence rather than conduct, the employer's contractual disciplinary procedures will not apply. 

  • Henderson v Connect (South Tyneside) Ltd

    Date:
    14 October 2009

    The Employment Appeal Tribunal has held that an employer fairly dismissed an employee when a client refused to have him carry out work for it.

  • Unfair dismissal: Immigration status of employee

    Date:
    29 January 2008

    In Klusova v London Borough of Hounslow [2007] EWCA Civ 1127, the Court of Appeal upheld a finding of unfair dismissal in the case of an employee who was dismissed on the grounds that she was no longer entitled to work in the UK. There was evidence to support the tribunal's finding that the employee was, in fact, legally entitled to work in the UK at the time of her dismissal. While the employer's mistaken belief about her immigration status was capable of amounting to "some other substantial reason" for dismissal, the fact that the employer had failed to follow the statutory dismissal procedure rendered the dismissal automatically unfair.

About this category

Employment law cases: HR and legal information and guidance relating to dismissal for some other substantial reason.