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Some Other Substantial Reason

Some other substantial reason

This ground for dismissal is often used where there has been a breach of trust or in circumstances where the other categories do not obviously come to mind.

Let me give you an example of some other substantial reason - where it has been used in the past.

example

In a case involving theft of £5,000.00 from a safe, which was opened with a key, I believe it was a betting office, where only 2 people had access to the key to open the safe. The Police investigated and the employer investigated but both parties said they did not open the safe but £5,000.00 was taken from the safe. Only the two people had the means and opportunity to take the money and it could not be reasonably established who took the money. The employer was faced with the situation where he knew that at least one of those people was a thief. He did not know which one of those people was a thief so he took the decision to dismiss both of them on the grounds that he could not trust both of them because he did not know which one of them was the thief. Unfortunately, that meant that the innocent party was dismissed as well as the guilty party.

Is that fair you may ask?

The Tribunal determined it was fair on the basis of some other substantial reason. Provided the employer has exercised due diligence and conducted a reasonable investigation, if the employer cannot determine which person is reasonable for theft, then he can dismiss all the employees who have access to the money.

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Another example of some other substantial reason which is frequently used is in a situation where work for one Company provides a service to another Company.

example

That is you work as a Cleaner or a Security Guard and you are employed at a factory owned by another Company to provide that service. If the third party decides they do not like the way you work, they do not like the manner in which you perform your duties and they complain to your employer and if that party then says we do not want that person on our site, your employer is then faced with the difficulty of not being able to employ you on that site. He is then under a duty to provide alternative work at another site if he has it but if he does not have it, he could dismiss you on the grounds of some other substantial reason with notice on the basis that he has been subject to “third party pressure”.


They are just two examples of where some other substantial reason is used as a mechanism for authorising dismissal.

If you are facing redundancy visit our redundancy pages.

If you are being unfairly Dismissed, visit our Unfair Dismissal pages.

If you are being disrciminated against due to race, visit our Race Discrimination pages.

If you are considering going to an Employment Tribunal then see our Employment Tribunal pages

If you are facing Constructive Dismissal, visit our Constructive Dismissal pages.

If you are losing your job due to Misconduct or Gross Misconduct, visit our Misconduct or Gross Misconduct pages.

If you are losing your job due to Capability then visit our Capability pages

If you think you may be suffering from disability discrimination then visit our disability discrimination pages

If you are being asked to sign a Compromise Agreement, then visit our Compromise Agreement pages.

If you are being put on Garden Leave then please see our Garden Leave pages

 


IAMBEINGFIRED Disclaimer
The site author/owner has endeavoured to give clear information to benefit the reader. The information is no substitute for obtaining specific advice about any claim you may have from a person qualified to give it. The examples, and circumstances described etc bear no relation to any actual case and any resemblance to real circumstances is purely accidental and unintentional. The site author/owner accepts no liability for any mistake, error or inconsistency in the text and the reader should ALWAYS OBTAIN specific advice about his/her own situation. In order to assist the reader, you can give your details so that a qualified advisor can call you free of charge and assist you further via CLAIM EVALUATOR