A senior employee had been dismissed because his manner and management style had led to a breakdown in his relationships with other members of the senior executive team. The employment tribunal had considered whether his dismissal for that reason had been unfair but had not decided whether the reason for his dismissal could be characterised as relating to his conduct or as amounting to some other substantial reason for his dismissal.
Held: It would have been better for the ET to have found into which category the reason for the employee’s dismissal had come. Wall LJ (with whose judgment the other members of the Court agreed) said that like Sedley LJ (who had considered whether permission to appeal should be given) he saw it as a case falling within ‘some other substantial reason’ rather than conduct.
Judges:
Tuckey. Mance, Wall LJJ
Citations:
[2005] EWCA Civ 1174, [2005] IRLR 934, [2006] ICR 617
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Ezsias v North Glamorgan NHS Trust EAT 18-Mar-2011
EAT CONTRACT OF EMPLOYMENT – Disciplinary and grievance procedure
UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
(1) An employee who has been dismissed because of the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 04 July 2022; Ref: scu.231062