Dismissal For SOSR

There are 5 fair reasons for dismissing a working staff member: conduct, capability, redundancy, statutory restriction and the final one, some other substantial reason for dismissal (known as SOSR). With the latter, there must still be a valid reason for the dismissal. Simply disliking someone and not quite being able to put your finger on why you don’t like them is not an example of a fair reason for dismissal for SOSR. Issuing a SOSR dismissal notice does not justify failing to follow a fair procedure.

The below isn’t an exhaustive list by any means, but the below are the kind of circumstances or scenarios that could justify a dismissal for SOSR:

Where the employment relationship is unmanageable and creates a toxic work environment, and attempts to rectify the situation, such as through mediation, have failed, some other substantial reason for dismissal is an option.

Dismissal for SOSR can occur if the employer has to change the existing employment contracts for a genuine and essential business need. Following consultation with the staff, mutual agreement and acceptance of the changes have not happened. Then, as a result, the contract is terminated, and a new contract with the revised T&Cs is imposed. In that situation, the employee will either accept the new contract and continue working, or their employment will end for some other substantial reason for dismissal.

Some other substantial reason examples can include when a contract for maternity leave cover will end on the return of the original post holder. It is not a dismissal for one of the four reasons of conduct, capability, redundancy or statutory restriction; instead, it will be classed as some other substantial reason for dismissal.

An SOSR dismissal notice can occur due to a third party applying pressure or instructing you as the employer to remove someone from their contract. SOSR dismissal examples may include when the employer is a cleaning company and has a contract to provide cleaning services to a GP surgery. The GP surgery asks you to remove your cleaner from their contract and provide someone else. Where your client will not reconsider their decision (perhaps additional training is all that is required to remedy whatever they have cited as the issue), and you have no other work to offer the employee.

While subjective, this ACAS SOSR example is when an employer believes an employee has caused reputational damage to the employer or business. This can include criminal behaviour outside of the workplace that reflects poorly and causes reputational damage to the employee’s place of work.

SOSR examples like this are similar to personality clashes but are concerned with the overall employment relationship between the employee and the employer. Perhaps the employee will not accept or appropriately engage with the management structure in the company. Maybe they have raised grievances the company has done their best to resolve, yet the employee won’t accept the decisions. Such a case is grounds for an SOSR dismissal procedure or SOSR hearing.

However, if the trust and confidence breach is due to the employee’s conduct, this is a conduct issue, not an example of SOSR dismissal case law.

The burden of proof is on you as the employer to justify that some other substantial reason dismissal (SOSR) is the primary reason for the dismissal

The decision must be reasonable. This will primarily come down to following a fair procedure. It will involve:

• An investigation.
• This is a fair SOSR ACAS hearing where appropriate notice and the right to be accompanied are given. The employee should be able to see any evidence and fully present their defence or relevant statements/mitigation.
• A fair consideration of all material facts and possible alternatives to avoid dismissal for SOSR.
• A decision was issued in writing, setting out the reasons for dismissal for SOSR.
• The right to appeal the decision.
• Advice must be sought before dismissing any employee for some other substantial reason. Please don’t delay, contact our experts.