• Facebook
  • Twitter
  • LinkedIn
Call us now: 01243 836 840   [email protected]
Pure Employment Law
  • Who We Are
    • Nicola Brown
    • Peter Stevens
    • David Jones
    • Debbie Poole
    • Linda Nye
    • Brenda Cherry
  • For Employers
    • Advice on HR and People issues
    • Investigations, Hearings and Appeals
    • Restructuring and Redundancy
    • Defending Employment Tribunal Claims
    • Dismissal of Senior Executives
    • Contracts, Handbooks and Policies
    • Employment Law Training
  • For Employees
    • Settlement Agreements
    • Workplace Issues including Disciplinary and Grievance
    • Bringing an Employment Tribunal Claim
  • Employment Law Events
  • Legal Updates
  • Testimonials
  • Vacancies
  • Contact us
  • Search
  • Menu Menu

Some other substantial reason – Leach v OFCOM

27th August 2012

The Court of Appeal recently considered a case about the dismissal of an employee by OFCOM and whether this was justified (Leach v Office of Communications).  The case gives guidance on dismissals for “some other substantial reason” and the process an employer needs to follow in order to fairly dismiss for this reason.

OFCOM dismissed Mr Leach following receipt of information that he may have been involved in sex offences against children in Cambodia. The information was provided by way of a limited disclosure from a specialist Metropolitan Police unit. OFCOM asked questions and requested clarification of certain points in the disclosure (because the allegations were unproven) before ultimately inviting Mr Leach to a disciplinary hearing. Following the hearing, OFCOM made the decision to dismiss Mr Leach for a breakdown in mutual trust and confidence.

The Employment Rights Act 1996 refers to five reasons for fair dismissal; one of these is “some other substantial reason of a kind as to justify dismissal,” often shortened to SOSR. The dismissal in this case was said by OFCOM to be a SOSR dismissal.

The initial judgment on the case by an Employment Tribunal ruled that the dismissal was justified and the Employment Appeal Tribunal agreed with that judgment. Mr Leach appealed to the Court of Appeal, arguing that he had not been found guilty of any offences and it was not reasonable for OFCOM to have terminated his employment.

The Court of Appeal also agreed with the Employment Tribunal judgment and stressed that OFCOM had followed a fair procedure by adopting a critical and questioning stance of the disclosure, allowing Mr Leach an opportunity to have his say and conducting even further investigation upon appeal. The Employment Tribunal was therefore correct to agree that the dismissal was within the range of reasonable responses for OFCOM.

The judgment by the Court of Appeal made it clear that an employer in receipt of information from a third party must establish for itself as far as reasonably practicable, the reliability of the information given and the integrity of the third party informant. There should not be a knee-jerk reaction. The employer should also consider the likely effect of disclosure and whether there was evidence of a pressing need for the disclosure to have been made.

The Court went on to stress that SOSR is not a catch-all reason for employers who cannot find a more conventional reason for a dismissal. The reason has to be ‘substantial’ and also a fair process must be followed in all circumstances. SOSR dismissals are extremely fact-specific and legal advice should always be sought in circumstances where a SOSR dismissal is being contemplated. In this case, the process followed by OFCOM was commended and being an authority that came under regular media scrutiny, the risk to their public reputation if they did not dismiss was found to have been high.

Are you dealing with a breakdown in trust and confidence? Why not give us a call for a free no obligation chat. Please call us on 01243 836840 or email us at [email protected].

Please note that this update is not intended to be exhaustive or be a substitute for legal advice. The application of the law in this area will often depend upon the specific facts and you are advised to seek specific advice on any given scenario.
Share this article
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share on LinkedIn
  • Share on Reddit
  • Share by Mail
https://www.pureemploymentlaw.co.uk/wp-content/uploads/2019/02/Pure-Employment-Law-logo.jpg 0 0 Nicola Brown https://www.pureemploymentlaw.co.uk/wp-content/uploads/2019/02/Pure-Employment-Law-logo.jpg Nicola Brown2012-08-27 22:51:212014-12-03 15:50:29Some other substantial reason – Leach v OFCOM

Join our mailing list

* = required field
Mailing Lists


Recent Legal Updates

  • Discrimination found in gender critical belief case 27th July 2022
  • Court of Appeal overturns Tesco fire and rehire injunction 27th July 2022
  • Changes to fit notes 27th July 2022
  • Where are we with the fire and rehire Code of Practice? 27th July 2022
  • Can long Covid be a disability? 29th June 2022
Link to: Contact Us

Any questions? Why not get in touch!

Our advice is always given in plain English without any waffle, and we focus on providing practical solutions to our clients’ problems.

Contact us

LEGAL INFORMATION

Pure Employment Law | 1 Little London, Chichester, West Sussex, PO19 1PH
[email protected] | Tel: 01243 836840

Pure Employment Law is the trading name of Pure Employment Law Limited, registered in England and Wales with company number 07134294 and whose registered office is 1 Little London, Chichester, West Sussex, PO19 1PH. Pure Employment Law Limited is authorised and regulated by the Solicitors Regulation Authority with registration number 533794. A list of the company’s directors is available for inspection at the registered office

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Pure Employment Law and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Privacy Policy | Cookies Policy | Terms & Conditions | How to make a complaint | Sitemap

© Pure Employment Law 2022

Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies as defined in our cookie policy.

Accept Cookie Policy

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visit to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Other cookies

The following cookies are also needed - You can choose if you want to allow them:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Privacy Policy
Accept settingsHide notification only