garside_bootghEAT11
UNFAIR DISMISAL – Reason for dismissal including substantial other reason
Employment Tribunal considered reasonableness/fairness of employer’s decision to dismiss for ‘some other substantial reason’ by reference to principles of law derived from Catamaran v Williams when that case had actually decided the reverse; and by asking whether it was reasonable for the employee to accept lesser terms offered to him and avoid dismissal, rather than whether it was reasonable for the employer to dismiss. Appeal upheld.
Observations upon the considerations that may apply where a Tribunal is considering dismissals for a failure to accept wage-cutting proposals inspired by economic downturn in the business
Langstaff J
[2011] UKEAT 0003 – 11 – 2705
Bailii
England and Wales
Citing:
Cited – Catamaran Cruisers Ltd v Williams and others EAT 13-Jan-1994
In a case of a refusal to accept a change in contractual terms case the tribunal has to weigh the business reasons for imposing the changes against the advantage and disadvantage of them for the employees. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 November 2021; Ref: scu.441460
