Dismissal for some other substantial reason

New and updated

• Date:

  17 February 2006

  Type:

  Employment law cases

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

  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.

• Date:

  2 December 2005

  Type:

  Employment law cases

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

  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.

• Date:

  16 September 2005

  Type:

  Employment law cases

  Unfair dismissal: Perceived commercial interest key to 'SOSR'

  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.

• Type:

  Employment law cases

  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.

• Date:

  12 August 2005

  Type:

  Employment law cases

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

  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".

• Type:

  Employment law cases

  Case round-up: Some other substantial reason

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

• Type:

  Employment law cases

  Case round-up: Unfair dismissal

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

• Date:

  5 December 2003

  Type:

  Employment law cases

  Unfair dismissal: Chief executive fairly dismissed following hostile takeover

  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.

• Date:

  31 December 2000

  Type:

  Employment law cases

  Baker v Securicor Omega Express Ltd

  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.

• Date:

  1 July 1994

  Type:

  Employment law cases

  Reorganisation: Tribunal takes wrong approach on business reorganisation

  An industrial tribunal's decision that an employee could reasonably refuse a proposed detrimental variation in contractual terms because it was not based on sound business reasons vital for the company's survival was wrong, holds the EAT in Catamaran Cruisers Ltd v Williams and others.