There are six potentially fair reasons for dismissing an employee. The general “catch all” reason – some other substantial reason tends to be fairly hard to establish as Tribunals are cautious not to allow some other substantial reason to be used too easily to justify dismissal.

In Roberts v Acumed Ltd at the EAT, the EAT held that dismissing someone because they earned disproportionately more commission than their peers could qualify as some other substantial reason. On the facts however, the dismissal was unfair because the employer fell for the now repealed trap of the old Statutory Dismissal Procedure in that they sacked first and tried to comply with the procedure later.