If on the face of it the reason given by the employer could justify the dismissal, then it is a substantial reason and the tribunal’s enquiry should then move on to consider the fairness of the dismissal. Griffiths LJ said that at the stage of considering whether an employer has established some other substantial reason for dismissal: ‘The hurdle over which the employer had to jump at this stage of an enquiry into an unfair dismissal complaint is designed to deter employers from dismissing employees for some trivial or unworthy reason. If he does so, the dismissal is deemed unfair without the need to look further into its merits. But if on the face of it the reason could justify the dismissal, then it passes as a substantial reason, and the enquiry moves on to s.57(3) [the equivalent to what is now at s.98(4)], and the question of reasonableness.’
Griffiths LJ
[1985] ICR 233
England and Wales
Cited by:
Cited – Roberts v Acumed Ltd EAT 25-Nov-2010
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 October 2021; Ref: scu.426702