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Where SOSR is not established
The case of Handshake Limited v Summers highlights that the “catch all” reason for dismissal of “some other substantial reason” (SOSR to employment professionals) cannot be relied upon as a fallback fair reason for dismissal where there is no other obvious factor for the termination. The EAT has upheld a Tribunal decision that an employee was not dismissed for SOSR (some other substantial reason) where the employer and the employee disagreed over the level of profit share and the failure to agree terms of employment. The employee claimed to have lost all trust and confidence in the employer and was threatening constructive dismissal but neither side acted as if the relationship had broken down. The Tribunal, endorsed by the EAT, held that this was really a power struggle over pay and contractual terms and could not be classed as SOSR.
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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