Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Tribunal WatchDismissalUnfair dismissal

Some-other-substantial-reason dismissal when client refused to have employee on site was fair

by Stephen Simpson 13 Oct 2015
by Stephen Simpson 13 Oct 2015 A client's instruction not to allow an employee on site resulted in a dismissal for some other substantial reason.
A client's instruction not to allow an employee on site resulted in a dismissal for some other substantial reason.

An employer fairly dismissed an employee for “some other substantial reason” when the client refused to have her back on its work site, an employment tribunal has held. Stephen Simpson rounds up recent tribunal decisions.

Dismissal was fair when client refused to have employee back on site
Unfair dismissal tribunal case Masini v Compass Group UK & Ireland Ltd illustrates a model response from an employer faced with the situation where a client refuses to have an employee back on its site.

“Some other substantial reason” dismissals

How to deal with the situation where an important client refuses to have an employee back on its site

What does dismissal for “some other substantial reason” mean?

Potentially fair reasons for dismissal

A catering contractor provided a manager for a cafe in a business park. Following a fall in profits, the client insisted on a change of management.

The catering contractor suggested that the manager be given more time, but the client was insistent that new management be installed.

The contractor looked for alternative work for her, but she was dismissed following an internal job search and an appeal process.

Although a number of possible jobs were identified, she turned them down because they involved extra travel or a drop in status.

The employment tribunal rejected her unfair dismissal claim, on the basis that it was fair for “some other substantial reason”.

The tribunal accepted that, while there was injustice to the employee, the employer had done what it could for her.

Read more details of the case and the full judgment…

 

Other tribunal decisions in the headlines

Sports Direct’s Mike Ashley under fire after employment tribunal
Sports Direct boss Mike Ashley has been criticised for “disgraceful and unlawful employment practices” after 50 former employees of its USC business were awarded compensation, reports the Guardian.

Sleaford Town Council found guilty of unfair dismissal at employment tribunal
A row over a £5,000 lawnmower has led to Sleaford Town Council being found guilty of constructive dismissal of the town clerk, according to the Sleaford Target.

Hotel duo lose employment tribunal case
A couple fired from a four-star hotel in North Yorkshire after complaining about a colleague partying have lost their battle for unfair dismissal, says the York Press.

Teacher sacked after “knife threat to pupil” loses race discrimination case
A teacher sacked after allegedly threatening a pupil with a craft-knife has lost his claim for racial discrimination against the education authority, the Birmingham Mail reports.

Ex-employee wins tribunal against Paris department store
A former employee of Paris department store which closed abruptly earlier this year has won a tribunal against the retailer, but fears she will not see a penny of the £7,000 compensation, according to the St Helens Star.

Avatar
Stephen Simpson

Stephen Simpson is a principal employment law editor at XpertHR. His areas of responsibility include the policies and documents and law reports. After obtaining a law degree and training to be a solicitor, he moved into publishing, initially with Butterworths. He joined XpertHR in its early days in 2001.

previous post
HR analytics: using data to manage employee relations
next post
Health secretary confirms agency staff pay caps

You may also like

Employment tribunal cases fall to pre-pandemic levels

15 Dec 2023

Aviva targets male staff over inappropriate behaviour

14 Dec 2023

Former BP chief exec did not reveal colleague...

14 Dec 2023

British Museum urged to review HR and management

13 Dec 2023

Top 10 HR questions November 2023: Holiday carry-over

4 Dec 2023

Eight most unusual employment tribunal cases in 2023

1 Dec 2023

‘Heat of the moment’ case sent back to...

1 Dec 2023

Train driver unfairly dismissed after tarantula prank

28 Nov 2023

Former Jaguar Land Rover employee awarded £148k for...

27 Nov 2023

McDonald’s dismisses 18 staff following sexual harassment claims

14 Nov 2023

  • Internal mobility: how to unlock your employees’ potential PROMOTED | Most employers understand...Read more
  • How to spot and tackle imposter syndrome in the workplace PROMOTED | Half of all UK adults...Read more
  • BetterMe for Business: How to Build Wellness Culture at Work PROMOTED | Ever encountered a...Read more
  • Talent acquisition: How AI can complement a ‘back to basics’ approach PROMOTED | Artificial intelligence is now...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2023

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2023 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+