Some Other Substantial Reason: An Introduction Rustom Tata - CIPD

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Is it contractual • Terms of collective agreements not incorporated into contract – Malone v British Airways [2010] • Terms of staff handbook incorporated – Keeley v Fosroc International [2006] – Bateman v Asda [2010] www.dmhstallard.com DMH Stallard LLP
<strong>Reason</strong>ableness of employer • Proposed change need not be crucial to survival of business • Employer’s proposals must be reasonable in all circumstances • Whether employee was reasonable in refusing is relevant but subsidiary factor • <strong>Reason</strong>able employer ≠ unreasonable employee and vice versa www.dmhstallard.com DMH Stallard LLP
Page 1 and 2: www.dmhstallard.com CIPD Seminar Th
Page 3 and 4: Agenda • Introduction to SOSR •
Page 5 and 6: Overlap with other reasons • Capa
Page 7 and 8: ACAS Code of Practice • Probably
Page 9 and 10: Breakdown of trust and confidence
Page 11 and 12: Husband and wife teams • Dismissa
Page 13 and 14: Loss of licence or qualifications
Page 15 and 16: Bringing employer into disrepute
Page 17 and 18: Imprisonment • Frustration - no d
Page 19 and 20: Re-what • Redundancy = statutory
Page 21 and 22: Reorganisation Many different flavo
Page 23 and 24: Importance of genuine reason Banerj
Page 25 and 26: Changing working practices Johnson
Page 27 and 28: Changing duties and/or reducing num
Page 29 and 30: Redundancy vs. reorganisation Why d
Page 31: SOSR and changing terms and conditi
Page 35 and 36: SOSR and TUPE • In TUPE context m

Some Other Substantial Reason: An Introduction Rustom Tata - CIPD

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