Dismissal due to return of original post-holder


The return of a post-holder where an employee has filled the role on a temporary basis, for example, due to secondment, maternity or sickness, is likely to be a fair reason for dismissal. Whether or not it is fair will depend on all the circumstances, in particular, whether it was clearly agreed at the outset that the arrangement was temporary. This kind of dismissal is not a redundancy because the reason for dismissal is not a reduced need for employees. Instead it is a dismissal for “some other substantial reason” (Greater Glasgow Health Board v Lamont [2012] UKEATS/0019/12/B1).