Reasons for dismissal ― breach of enactment or some other substantial reason

Produced by Tolley in association with

Employment Tax

Guidance

Even if the reason for dismissal does not fall within one of the specific potentially fair reasons set out in ERA 1996, s 98(2), the dismissal may still be fair if the reason is shown to have been some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.

Substantial means ‘more than whimsical or capricious’.

As with other potentially fair reasons for dismissal, it will still be necessary for the tribunal to be satisfied that dismissal was, in all the circumstances, within the range of reasonable responses of a reasonable employer and that a fair procedure had been followed by the employer.

Many cases where the reason for dismissal has been held to have been ‘some other substantial reason’ are related to action taken by an employer to reorganise its business. In certain cases, statute dictates

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Hannah Freeman

Barrister at Old Square Chambers , OMB, Employment Tax

Hannah is an experienced employment law specialist advising on all forms of discrimination, maternity and paternity rights, unfair dismissal, contractual disputes, part-time working and TUPE. Hannah acts for claimants and respondents in both the public and private sectors, including the NHS, the police, local authorities, educational institutions, financial services and the hospitality industry, as well as providing training and support to in-house legal and HR teams.

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