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Breakdown in the employment relationship Personality clashes or disruptive behaviour can be a problem for employers but such a dismissal can be unfair and open to litigation. “Personality dismissals” can be a fair reason for dismissal under the “some other substantial reason” banner of fair reasons for dismissal. However, case law has demonstrated that personality itself cannot be a fair ground for dismissal. If an employer can show that the trust and confidence between them and the employee has broken down, and the employee holds a position within the company which requires absolute trust and confidence then, provided a fair procedure has been followed, it may be considered a fair dismissal. The employer will need to show that it has taken all reasonable steps to try and resolve matters before considering dismissal and may consider alternatives such as: – redeployment – adjusted work patterns – counselling – mediation or – training As the trend for reliance on SOSR and a loss of trust and confidence grows, Tribunals and Courts are paying very close attention to these dismissals.

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