SW Global Resourcing Limited v Docherty & Anor (Unfair Dismissal : including substantial other reason) [2012] UKEAT 0032_11_0805 (8 May 2012)

SW Global Resourcing Limited v Docherty & Anor (Unfair Dismissal : including substantial other reason) [2012] UKEAT 0032_11_0805 (8 May 2012)

The Tribunal erred in law by finding a breach of the implied term of trust and confidence without fair notice or proper legal basis, and by failing to conclude that the dismissals were for 'some other substantial reason' given the sound business reasons for the contractual changes. The dismissals were fair in all the circumstances, as the employer had engaged in adequate consultation and acted for legitimate business reasons, not arbitrarily.

Citation
[2012] UKEAT 0032_11_0805
Parties
Advocate for Appellant: MS A STOBART; Instructing Solicitors for Appellant: Messrs Brodies LLP Solicitors; First Respondent (in Person): MR JAMES DOCHERTY; Second Respondent (in Person): MR GARY JONES
Jurisdiction
United Kingdom
Judgment Date
08 May 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; original Tribunal judgment set aside; claimants' claims dismissed.
Legal Topics
Unfair Dismissal, Constructive Dismissal, Employee Status, Some Other Substantial Reason (sosr), Implied Term of Trust and Confidence
Employment Law Unfair Dismissal Constructive Dismissal Employee Status Some Other Substantial Reason (sosr) Implied Term of Trust and Confidence

Case Brief

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Parties

MS A STOBART

Advocate for Appellant

Messrs Brodies LLP Solicitors

Instructing Solicitors for Appellant

MR JAMES DOCHERTY

First Respondent (in Person)

MR GARY JONES

Second Respondent (in Person)

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the removal of guaranteed payment and change to ad hoc contracts amounted to unfair dismissal
  2. 2 Whether the claimants' employment status changed from employee to worker under new terms
  3. 3 Whether the dismissals were for 'some other substantial reason' (SOSR) under Employment Rights Act 1996 s.98(1)(b)

Ratio Decidendi

The Tribunal erred in law by finding a breach of the implied term of trust and confidence without fair notice or proper legal basis, and by failing to conclude that the dismissals were for 'some other substantial reason' given the sound business reasons for the contractual changes. The dismissals were fair in all the circumstances, as the employer had engaged in adequate consultation and acted for legitimate business reasons, not arbitrarily.

Court Disposition

Appeal allowed; original Tribunal judgment set aside; claimants' claims dismissed.

Orders

  • The appeal is upheld.
  • The judgment of the Employment Tribunal is set aside.