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

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.

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.

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