Some Other Substantial Reason Dismissals – Key Considerations by Tribunals
Posted in : Tribunal Guidance from Kennedys on 3 October 2022 Issues covered: Dismissal; Dismissal for Some Other Substantial Reason; Tribunal ConsiderationsThe circumstances in which an employment relationship ends are rarely straightforward. Whilst we are familiar with viewing dismissals through the lens of conduct, capability, redundancy or contravention of a statutory duty the law recognises that there are legitimate reasons to dismiss an employee that do not fall within these categories.
When determining whether a dismissal is fair or unfair the starting point is Article 130 of the Employment Rights (Northern Ireland) Order 1996 which lists the potentially fair reasons for dismissal. However, an employer may dismiss outside these reasons if the reason for the dismissal is “some other substantial reason of a kind such as to justify the
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
This article is correct at 03/10/2022
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.