Loss of trust and confidence in an employee can amount to "some other substantial reason" for dismissal, but this will not necessarily mean it is fair to dismiss.
A tribunal is entitled to look beyond the mere fact of the breakdown in trust and confidence and consider the surrounding circumstances, such as the "immediate history" of the employee's conduct leading to the dismissal. If this involves some culpability on the employer's part (in this case an employee was suspended for something previously condoned by the employer and no warnings had been given to her), dismissal may be unfair notwithstanding the genuine loss of trust and confidence. (Governing Body of Tubbenden Primary School v Sylvester, EAT)
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