Workplace Report (December 2004)

Law - Dismissal

SOSR dismissal

Case 6: The facts

Mark Huggins was dismissed on the grounds that his attitude amounted to a breach of the written and implied terms of his contract. He had made a number of complaints to his employer and had e-mailed the president of the company saying that he had no confidence in the UK management.

Huggins claimed his dismissal was unfair. His employer argued that they had dismissed him for "some other substantial reason" (SOSR), and that it was fair.

The ruling

The Employment Appeal Tribunal held that a breakdown in trust and confidence caused by the employee can amount to SOSR and is therefore a fair reason for dismissal under section 98(1) of the Employment Rights Act 1996.

Huggins v Micrel Semiconductor (UK) EATS/0009/04


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