This is a preview. To continue reading please log in or Register to read this article

Unfair dismissal: When re-organisation is a substantial reason for dismissal

This report relates to 2 case(s)

  • expand disabled

    Banerjee v City & East London Area Health Authority [1979] IRLR 147 EAT (0 other reports)

  • expand disabled

    Hollister v The National Farmers' Union [1979] IRLR 238 CA (0 other reports)

If an employer decides that it is in the interests of his organisation to re-organise and as a result it becomes necessary to dismiss an employee, the reason given for the dismissal will often be "some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which that employee held" - one of the valid reasons for dismissal contained in s.57 of the Employment Protection (Consolidation) Act.

Both the Court of Appeal and the EAT have recently commented on the circumstances in which a re-organisation may amount to some other substantial reason for dismissal.