Employment law cases

All items: Dismissal for some other substantial reason

  • Unfair dismissal: 'Reasonableness' requires consideration of the injustice caused to the employee

    Date:
    12 November 2007

    The EAT in Greenwood v Whiteghyll Plastics Ltd EAT/0219/07 held that, although third-party pressure can constitute "some other substantial reason" justifying dismissal, when dismissing an employee in response to complaints from a major client, the employer was not entitled to disregard the issue of injustice caused to the employee.

  • Unfair dismissal: Reduction appropriate if 'sensible reconstruction of world' is possible

    Date:
    17 February 2006

    In Gover and others v Propertycare Ltd, the EAT holds that, in an unfair dismissal case, a Polkey reduction may be applied to the compensatory award if the employment tribunal can sensibly reconstruct the world as it would have been had the unfairness not occurred, and forms a view that the employee would have been dismissed in any case.

  • Unfair dismissal: Dismissal on grounds of personality is fair despite technical competence

    Date:
    2 December 2005

    In Perkin v St George's Healthcare NHS Trust, the Court of Appeal holds that an employment tribunal was entitled to make a 100% reduction to the compensation of a senior executive whose dismissal was procedurally unfair, on the basis that his conduct at the disciplinary hearing was such that it destroyed any possibility of him working with senior colleagues in the future.

  • Unfair dismissal: Perceived commercial interest key to 'SOSR'

    Date:
    16 September 2005

    In Scott & Co v Richardson, the EAT holds that the employment tribunal failed to apply the correct tests to discover whether the employer had some other substantial reason for dismissing the employee and substituted its own view of the evidence, leading to the conclusion that the employer had no other substantial reason for dismissal.

  • Case round up

    Judith Harris of Addleshaw Goddard brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.

  • Unfair dismissal: Refusal to sign unreasonable restrictive covenant not fair reason for dismissal

    Date:
    12 August 2005

    In Forshaw and others v Archcraft Ltd, the EAT holds that the employment tribunal erred in holding that a dismissal for refusing to sign a contract of employment that contained an unreasonable restraint of trade clause was for "some other substantial reason".

  • Case round-up: Some other substantial reason

    This week's case round-up from Eversheds, covering constructive dismissal for 'some other substantial reason'.

  • Case round-up: Unfair dismissal

    This week's case round-up from Eversheds, covering unfair dismissal.

  • Unfair dismissal: Chief executive fairly dismissed following hostile takeover

    Date:
    5 December 2003

    In Cobley v Forward Technology Industries plc, the Court of Appeal holds that an employment tribunal was entitled to find that a company chief executive was fairly dismissed for "some other substantial reason" following a bidding war and hostile takeover of the company and his removal as a director.

  • Baker v Securicor Omega Express Ltd

    Date:
    31 December 2000

    In Baker v Securicor Omega Express Ltd [2000] IRLB 633 EAT, the Employment Appeal Tribunal held that the employer had been in breach of contact in imposing a change from weekly to monthly pay, and the employee had been constructively dismissed. However, the dismissal was fair for some other substantial reason.

About this category

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