EAT REASON FOR DISMISSAL
The Tribunal erred in its approach to substantial other reason (contrary to Hollister, Banerjee, Harper and Gilham) by expressing its own view as to the commercial decision leading to the business re-organisation requiring alteration to the terms and conditions of the Applicant’s employment, rather than addressing the employer’s reasons. It consequently found the decision unfair due to lack of a statutory reason, and prevented proper consideration (in the alternative) of reasonableness. Conclusion that dismissal was for a substantial other reason substituted, and the issue as to fair dismissal remitted, and to a different Tribunal.
Judges:
The Honourable Mr Justice Burton President
Citations:
EATS/0074/04, [2005] UKEAT 0074 – 04 – 2604
Links:
Cited by:
Cited – Willow Oak Developments Ltd. (T/A Windsor Recruitment) v Silverwood and others CA 25-May-2006
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 . .
Lists of cited by and citing cases may be incomplete.
Employment, Scotland
Updated: 30 June 2022; Ref: scu.225208
