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What Does Dismissal For “Some Other Substantial Reason” Mean?

Under section 94 of the Employment Rights Act 1996, an employee has the right not to be unfairly dismissed. If an employer wants to dismiss an employee with the necessary length of service, the employer needs to be able to show that they had a good reason to take that action and that they did so in a fair manner.

If an employee started work with the employer after 6 April 2013, they need to have built up two years’ continuous service before they’re protected by the law. Those who started work before that date need to only have one year’s continuous service to achieve the same protection.

If an employee enjoys protection under the law, the employer needs to be wary when considering dismissal.

There are five potentially fair reasons for dismissing an employee:

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3 Things We Learnt In Law This Week (27 December 2018)

Does an Employee Have a Right to a Statement of Employment Particulars When Employed for Less Than 2 Months?

Yes, if they have worked continuously for at least 1 month, held the EAT in Stefanko and others v Maritime Hotel Ltd.

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When is it Possible to Dismiss an Employee for Gross Misconduct?

Gross misconduct is misconduct so serious as to justify the immediate dismissal of an employee. Certain acts, such as theft, fraud, physical violence or serious negligence would almost always be gross misconduct.

Employers must always take into account the nature of their business and the circumstances surrounding the misconduct before any decision to dismiss is made. What is deemed to be gross misconduct in one industry may not be in another. For example, regularly using offensive language may be treated differently in different sectors and working environments.

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