EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason – Reasonableness of dismissal The Employment Judge did not err in holding that the dismissal of the Claimant for refusing to agree to a rescheduling of her working hours was a dismissal for some other substantial reason within the meaning of section 98(1)(b) of … Continue reading Taylor and Others (T/A Partners In The Cornerstone Practice) v Crockford: EAT 28 Feb 2014

EAT REDUNDANCY PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity The Claimant worked as an Accountant in the Respondent’s Children and Families Directorate. The Employment Tribunal was correct to find that a redundancy situation was created when the Respondent reorganised the Directorate and introduced requirement for skills the Claimant was not considered to have. … Continue reading Barot v London Borough of Brent: EAT 17 Jan 2013

The claimant succeeded in her claim for unfair dismissal, but now appealed against the reversal of the decision by the EAT. She had been dismissed for incapability to which she had contributed by her conduct. She had refused a move to another bank of the branch which would upset her child care arrangements. She was … Continue reading McAdie v Royal Bank of Scotland: CA 31 Jul 2007

The claimant had been chief executive and a director of the respondent for many years, but was dismissed upon it being taken over. His contract of employment as chief executive provided that it was to be coterminous with his appointment as director. Held: The tribunal were not wrong in law in identifying the reason and … Continue reading Kenneth Cobley v Forward Technology Industries Plc: CA 14 May 2003

Dismissal for ‘some other substantial reason’ – employees refusal to sign new contracts. Judges: The Honourable Mr Justice Rimer Citations: UKEAT/0677/04, [2004] UKEAT 0677 – 04 – 1312, [2006] ICR 70 Links: Bailii, EAT Statutes: Employment Rights Act 1996 98(1)(b) Cited by: Cited – Willow Oak Developments Ltd. (T/A Windsor Recruitment) v Silverwood and others … Continue reading Forshaw v Archcraft Ltd: EAT 13 Dec 2004

The reasons available to an employer under section 98(1)(b) are not limited to reasons of the same kind as those spelt out in section 98(2), nor do they require consideration of the fairness of the dismissal, which falls to be considered under section 98(4) rather than at the prior stage of identifying the reason for … Continue reading Priddle v Dibble: EAT 1978

roberts_acumedEAT10 EAT UNFAIR DISMISSAL Reason for dismissal including substantial other reason Reasonableness of dismissal Procedural fairness/automatically unfair dismissal The Claimant area sales manager was remunerated on a different basis from the other four area managers. His commission was based on total sales whereas theirs was based on annual increase in sales. On reviewing remuneration the … Continue reading Roberts v Acumed Ltd: EAT 25 Nov 2010

The employer appealed a finding that he had been unreasonable in seeking to vary the employment contracts of his staff by adding post employment restrictive covenants, and that the consequent dismissals were unfair. Copies of the new contracts had been handed to employees without prior notice and with an instruction to sign the within thirty … Continue reading Willow Oak Developments Ltd. (T/A Windsor Recruitment) v Silverwood and others: CA 25 May 2006

Unfair Dismissal — Constructive Dismissal – Reason for Dismissal Including Some Other Substantial ReasonThe ET upheld the Claimant’s complaint of constructive unfair dismissal, finding that the Respondent’s conduct of an investigatory process into allegations of misconduct was such as to be likely to destroy or seriously damage the relationship of trust and confidence and amounted … Continue reading Retirement Security Ltd v Wilson: EAT 11 Jul 2019

The claimant had been dismissed from his post as chair of archeology after criticism of his marking practices. Though a report vindicated him, the respondent continued with disciplinary procedures. He claimed unfair dismissal. The EAT had allowed the university’s appeal saying that the found repudiatory breach had been remedied before the resignation. The University now … Continue reading Buckland v Bournemouth University Higher Education Corporation: CA 24 Feb 2010