Dismissal for some other substantial reason
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.
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.
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.
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.
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.
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".
This week's case round-up from Eversheds, covering constructive dismissal for 'some other substantial reason'.
This week's case round-up from Eversheds, covering unfair dismissal.
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.
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.
Employment law cases: HR and legal information and guidance relating to dismissal for some other substantial reason.