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Unfair dismissal: Employee's conduct can be "some other substantial reason"

This report relates to 1 case(s)

  • expand disabled

    Huggins v Micrel Semiconductor (UK) Ltd [2004] All ER (D) 07 (Sep) EAT (0 other reports)

Key points

In Huggins v Micrel Semiconductor (UK) Ltd, the EAT holds:

  • There was no error of law in the tribunal's decision to uphold a dismissal that was based on a breakdown of trust and confidence, caused and/or contributed to by the employee's conduct, and further, to categorise it as "some other substantial reason".
  • The dismissal was potentially fair in that the cumulative effect of the employee's conduct in the two months preceding his dismissal was the "substantial reason" for his dismissal, and the appeal process cured any defects in the disciplinary procedure, which may have rendered the dismissal procedurally unfair.
  • The tribunal committed no error of law in reducing the basic award by 100%, as this was just and equitable in the circumstances: on the facts presented to the EAT, the employee could have been justifiably summarily dismissed.