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Dismissal for some other substantial reason

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  • Type:
    Contract clauses

    Third-party pressure to dismiss contract clause

    A model contract clause regarding third-party pressure to dismiss for use when drafting the terms and conditions of employment of an employee who works on the site of a third party.

  • Date:
    1 July 2012
    Type:
    Employment law cases

    Case round-up

    Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.

  • Date:
    15 December 2011
    Type:
    Employment law cases

    Unfair dismissal of reservist returning to work after deployment in Afghanistan

    In this case, the employer failed to meet its legal obligations to an employee who was a reservist returning from deployment in Afghanistan. The case was complicated by the fact that it was a client's refusal to have the employee back on site that resulted in his dismissal.

  • Date:
    24 March 2011
    Type:
    Employment law cases

    Unfair dismissal: contractual disciplinary procedures do not apply to a breakdown in trust and confidence

    The Employment Appeal Tribunal has held that, where an employee is dismissed primarily because of a breakdown in trust and confidence rather than conduct, the employer's contractual disciplinary procedures will not apply. 

  • Date:
    14 October 2009
    Type:
    Employment law cases

    Henderson v Connect (South Tyneside) Ltd

    The Employment Appeal Tribunal has held that an employer fairly dismissed an employee when a client refused to have him carry out work for it.

  • Type:
    Letters and forms

    Letter to employee confirming dismissal for some other substantial reason (third-party pressure to dismiss)

    A model letter to dismiss an employee for some other substantial reason, on account of pressure from a customer, client or other third party.

  • Date:
    29 January 2008
    Type:
    Employment law cases

    Unfair dismissal: Immigration status of employee

    In Klusova v London Borough of Hounslow [2007] EWCA Civ 1127, the Court of Appeal upheld a finding of unfair dismissal in the case of an employee who was dismissed on the grounds that she was no longer entitled to work in the UK. There was evidence to support the tribunal's finding that the employee was, in fact, legally entitled to work in the UK at the time of her dismissal. While the employer's mistaken belief about her immigration status was capable of amounting to "some other substantial reason" for dismissal, the fact that the employer had failed to follow the statutory dismissal procedure rendered the dismissal automatically unfair.

  • Date:
    12 November 2007
    Type:
    Employment law cases

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

    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.

  • 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.

About this topic

HR and legal information and guidance relating to dismissal for some other substantial reason.