Dismissal due to return of original post-holder




The return of a post-holder who was temporarily absent from work due, for example, to secondment, maternity or long-term illness or injury is likely to be a fair reason for dismissal. As usual, it depends on all the circumstances. It should have been clearly agreed at the outset that the arrangement was only temporary and would end on the return of the post-holder. 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).