Some other substantial reason dismissal

Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

The EAT has held that there is not a particularly high threshold required for an employer to meet when dismissing an employee because of a ‘substantial reason’ (Ssekisonge v Barts Health NHS Trust).

The EAT rejected an argument that in a ‘no fault’ some other substantial reason dismissal there was a particularly high threshold for employers to meet in order for a dismissal to be reasonable.

The EAT noted that in such circumstances employers should not be expected to investigate too far beyond what official information they could reasonably obtain about an employee from a responsible public authority, but did note that the position on fairness might differ on different facts, e.g. a case not involving a nurse and an NHS Trust.

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