Dismissal for SOSR – Difficult Personalities
28 / 07 / 2011
What do you do when an employee hasn’t actually done anything wrong, his (or her) work is competent, but they are so difficult that you can’t just ignore it? The answer is that if all else fails, you may be able to dismiss for some other substantial reason (SOSR). I have done this several times over the last couple of...
Some Other Substantial Reason - Potentially a Fair Reason for Dismissal
26 / 07 / 2011
One of the potentially fair reasons for dismissal is ‘some other substantial reason’ (SOSR). SOSR requires an employer to show that the substantial reason for dismissal was potentially fair and reasonable in the circumstances. There isn’t an exhaustive list of what might constitute grounds for SOSR. Each case turns on its own facts. While doing some research I came across...
Employment Tribunals: Counter Claims
20 / 07 / 2011
It is possible for an employer to submit a counter claim for breach of contract against an employee who has already submitted a breach of contract claim if they have suffered a loss through the employee’s failure to observe the terms of their contract of employment. An employee can submit a breach of contract claim to an Employment Tribunal if...
How Do I Prepare For An Employment Tribunal?
08 / 07 / 2011
Employers these days all face the very real prospect of tribunal claims. Although employment tribunals were originally supposed to be quick, cheap and informal, they have evolved into almost the complete opposite. Most claims are settled or withdrawn before they get to trial. It’s perfectly acceptable for employers to lodge and defend their own claims and so it’s worth knowing...
Employment Law Update – Unfair Dismissal and SOSR
06 / 07 / 2011
The Employment Appeal Tribunal has found that a dismissal for refusing to agree to a pay cut was fair. The employer, Garside and Laycock Ltd had to cut costs and increase their profit margins. It asked its workforce to accept a 5% reduction in pay. Mr Booth was the only employee out of 77 who refused to agree to a...