![]() ![]() Where an employee refuses to do so, it is more likely that their employer can fairly dismiss them for “some other substantial reason” due to the relationship breakdown. This case highlights the importance of both parties being willing to work to resolve breakdowns in working relationships. The EAT upheld the Tribunal’s decision, noting that following a fair process would not have resulted in a different outcome due to the Claimant’s unwillingness to repair the working relationship with her manager. if a procedure had been held, it would likely have made the situation worse.the decision not to follow a procedure was within the “band of reasonable responses” and.The Tribunal found that the dismissal was fair, as: She, therefore, brought an unfair dismissal claim. There had been no procedure leading to the dismissal and the Claimant was not given the right to appeal. The Claimant also conceded that she had no interest in repairing the relationship with her manager.Īfter consulting with HR, the Claimant’s manager made the decision to dismiss the Claimant during an appraisal meeting, referring to the breakdown in their working relationship. As well as making openly negative comments about her manager, the Claimant admitted that she did not behave in the same way towards any other member of staff. However, over the course of her employment, their relationship deteriorated, predominantly due to salary and recruitment issues, and the Claimant made it clear that she was seeking another role.įollowing a number of discussions regarding their relationship, it became clear that the personality clash was insurmountable. The Claimant had been employed since 2007 and was a senior manager, initially having a good working relationship with her line manager. In the recent case of Gallacher v Abellio Scotrail Ltd, the Tribunal and the Employment Appeal Tribunal (EAT) agreed that the Claimant had been fairly dismissed for “some other substantial reason” due to the breakdown in relationship between her and her line manager. the reason is “substantial”, which means “more than whimsical or capricious” (clear as mud?!) andĬases where employers have successfully relied on “some other substantial reason” include: restructures (which fall short of redundancy) and where there is a breakdown in the working relationship / a clash of personalities.Where the reason for dismissal does not fall into one of the first four categories, “some other substantial reason” can be a useful fallback for employers, as long as: “some other substantial reason…to justify the dismissal”.The Tribunal will look to the employer to show that the reason for dismissal was one of the five potentially fair reasons, namely: To succeed in an unfair dismissal claim, a claimant must first prove that they were dismissed by the employer. Can the breakdown of a working relationship lead to a fair dismissal? ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |