EAT UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
JURISDICTIONAL POINTS – Worker, employee or neither
Unfair dismissal. Removal of guaranteed payment causing employees’ resignations accepted by Tribunal to be for sound business reasons and not arbitrary. Tribunal held to have erred in law in failing to conclude that the Respondents had established that (constructive) dismissals were for some other substantial reasons and could only, in all the circumstances, be found to have been fair. Whilst Tribunal were correct to hold that removal of guaranteed payment would have changed Claimants’ status from that of employee to that of worker, that did not mean that there was no SOSR or that there was unfairness.
Judges:
Lady Smith J
Citations:
[2012] UKEAT 0032 – 11 – 0805
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 November 2022; Ref: scu.463760