Reason for dismissal—some other substantial reason
Reason for dismissal—some other substantial reason

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Reason for dismissal—some other substantial reason
  • Business reorganisation
  • Other substantial reasons
  • Substantial reasons imposed by statute
  • Procedural issues

Even if the reason for dismissal does not fall within one of the specific potentially fair reasons set out in ERA 1996, s 98(2), the dismissal may still be fair if the reason is shown to have been some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.

Substantial means 'more than whimsical or capricious'.

As with other potentially fair reasons for dismissal, it will still be necessary for the tribunal to be satisfied that dismissal was, in all the circumstances, within the range of reasonable responses of a reasonable employer and that a fair procedure had been followed by the employer (see Practice Note: Procedural fairness).

Many cases where the reason for dismissal has been held to have been 'some other substantial reason' are related to action taken by an employer to reorganise its business. In certain cases, as explained in detail below, statute dictates that a particular reason for dismissal is to be treated as some other substantial reason.

See Precedent: ET3 grounds for resisting unfair dismissal claim—some other substantial reason.

Business reorganisation

In suitable circumstances, a reorganisation of an employer's business leading to changes in job duties or other terms and conditions may be some other substantial reason such as to justify dismissal. Dismissal in such cases typically