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.
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.
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.
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