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some other substantial reason

It is not possible to generalise about the steps that an employer should take in order to act reasonably in dismissing for 'some other substantial reason', since this category of reason for dismissal can cover a variety of different situations, requiring different approaches, although the company should always ensure that it has followed the statutory minimum dismissal procedure ( minimum dismissal procedures ).

Criminal offence

To take just one example, if the company is considering dismissing an employee who has been imprisoned for a criminal offence committed outside employment, the company might need to:

  • consult with the employee about the situation and its possible impact on the employee's future employment with the company;
  • consider whether the nature of the offence indicates that the employee is unsuitable for continued employment by the company in his or her current job, or in any other post that may be available; and
  • assess the impact that the employee's absence will have on the business and whether it is practicable to make cover arrangements.

Contract changes

Dismissals in order to introduce new contractual terms are also likely to fall within the category of 'some other substantial reason'. The legal principles that apply when handling this type of case, including the unfair dismissal considerations, are covered elsewhere in this Guide ( Changes to contracts ).

related links

national association for the care and resettlement of offenders

 

 

 

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.