How to dismiss fairly if your work relationship breaks down

Employees who have worked for a company for over two years are protected by law against unfair dismissal. This means that if an employer wants to dismiss such an employee, they need to:

1. Have a valid or ‘fair reason’ for the dismissal.
2. Show that the dismissal was handled reasonably.

There are five fair reasons for dismissal, one of which is known as “some other substantial reason” (SOSR).

SOSR is often used when the relationship between the employee and employer has broken down completely, making it impossible to work together.

Alexis v Westminster Drug Project

In the recent case of Alexis v Westminster Drug Project, the employer restructured the organisation, replacing three existing roles with two new ones. The employees in the existing roles had to apply and interview for the new positions.

One of the employees didn’t get the job. She brought a case, saying that because she had dyslexia, she should have received the interview questions 24 hours in advance.

After raising a grievance and appealing the outcome unsuccessfully, she began sending numerous emails to the decision-makers. Her employer called a meeting to discuss whether she could continue in her role. The employer concluded that the relationship had broken down beyond repair and dismissed her with notice for SOSR. The Claimant then brought an unfair dismissal claim.

The tribunal rejected her claim, and the Employment Appeal Tribunal (EAT) agreed. The EAT found that:

• The relationship breakdown justified dismissal
  The employer had reasonable grounds to decide that trust and confidence had been lost, and the relationship had reached a point of no return. In such cases, dismissal is a reasonable step.
• Length of service didn’t matter
  The employee argued that her long service should have been considered, but the EAT explained that length of service only matters if it’s relevant to the decision. Here, the dismissal was due to the breakdown of the relationship, so her service length wasn’t a factor.
• No need to consider alternatives
  Once the relationship was irreparably damaged, the employer didn’t need to explore alternative options to dismissal.

Lessons for employers and HR professionals 

• If trust and confidence are completely lost in the employment relationship, dismissal may be justified under SOSR.

• Employers should document clear evidence of the breakdown and the steps they took to assess the situation.
• Length of service is not always a required consideration—only if it is relevant in some way to the dismissal decision.
• Unlike dismissals for capability or misconduct, employers don’t need to jump through additional steps or explore alternatives if they have clear evidence the relationship has broken down.