EAT Unfair Dismissal : Reason for Dismissal Including Substantial Other Reason – Reasonableness of dismissal
The Employment Judge did not err in holding that the dismissal of the Claimant for refusing to agree to a rescheduling of her working hours was a dismissal for some other substantial reason within the meaning of section 98(1)(b) of the Employment Rights Act 1996. However the findings of fact did not support the two bases on which the Employment Judge held the dismissal to be unfair.
Appeal allowed. Case remitted to an Employment Tribunal for rehearing to consider the fairness of the dismissal, including if there is a finding of unfairness, any Polkey reduction in an award. The finding that the dismissal was for some other substantial reason for dismissal to remain in place.
Slade DBE J
 UKEAT 0370 – 13 – 2802
England and Wales
Updated: 03 December 2021; Ref: scu.526081