Some other substantial reason

Sometimes, instead of relying on lack of “capability”, the employer argues that the dismissal was for “some other substantial reason”, such as a breakdown in “trust and confidence”. However, the Court of Appeal has reminded employers that the duty of mutual trust and confidence is not a “convenient label to stick on any situation” to justify a dismissal (Leach v OFCOM [2012] EWCA Civ959), and employers who dismiss an employee for breach of trust and confidence can still be liable for unfair dismissal. In most cases of relationship breakdown, it would be beyond the band of reasonable responses, and therefore unfair, to dismiss an employee without giving them at least one genuine chance to show that they can work harmoniously with colleagues (Phoenix House Limited vStockman [2016] UKEAT/0264/15/DM). The Acas Code does not apply to this kind of dismissal (see Phoenix above). Employees dismissed on this basis are entitled to their full notice.