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"Some other substantial reason" (SOSR), words taken from section 98 of the Employment Rights Act 1996, some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held [88], is a "statutory catch-all provision", [89] [90] which employers use to justify a potentially fair ...
The reasons laid out that an employer can dismiss are in s.98(2). Fair reasons to dismiss an employee are if it, (a) relates to the capability or qualifications of the employee for performing work of the kind which he or she was employed by the employer to do, (b) relates to the conduct of the employee, (c) is that the employee was redundant, or
In 2002, the Court of Appeal ruled in a case brought by staff employed at Albion's Farington site in Lancashire, Albion Automotive Ltd w. Walker and others, [1] that a contractual term entitling employees to an enhanced redundancy payment could be implied into the employees' contracts of employment based on the employer's custom and practice.
These obligations of protection are placed on the transferring companies both before, during and after the transfer. The obligations are relieved if there is an "economic, technical or organisational" reason for the cessation of employment (Regulation 7(1)(b)), or alteration to employees terms and conditions (Regulation 4(4)(b)).
Redundancy" is an economic dismissal "not related to the individual concerned" (e.g. for poor work or misconduct). [358] In University of Stirling v UCU the Supreme Court held that expiry of fixed term contracts, for 140 University teaching staff, did not count as a reason "related to the individual", and so staff should have been consulted. [359]
Voluntary redundancy is when an employer asks an employee to agree to terminate their contract, in return for a financial incentive.
Employment tribunals are tribunal public bodies in both England and Wales and Scotland that have statutory jurisdiction to hear disputes between employers and employees. [1]The most common disputes are concerned with unfair dismissal, redundancy payments and employment discrimination.
Except when ACAS have been involved and arranged a COT3 settlement, COT3 being the name of the form used, [5] compromise agreements are the only means whereby an employee can waive statutory claims such as unfair dismissal, discrimination or entitlements to a redundancy payment. [6]