As an employer, understanding the reasons for fair dismissal is a key part of managing people correctly and making sure that any termination is carried out in a legally sound manner. Some Other Substantial Reason or SOSR for short is one of the those fair reasons for dismissal. But what exactly is SOSR, and is it considered a disciplinary action?
This blog will explain what SOSR means, when it can be used, how it differs from disciplinary dismissals, and what best practice looks like.
What is SOSR?
SOSR is one of the five fair reasons for dismissal under the Employment Rights Act 1996, alongside conduct, capability, redundancy, and breach of statutory duty.
In simple terms SOSR is a catch all category. It allows employers to dismiss an employee for a reason that doesn’t fall into one of the other four categories, but is still considered serious enough to warrant the termination of their employment in a legally fair way. However, this doesn’t give employers free reign to just fire employees at will and use SOSR as their reason, the reason must be substantial, hence the name, and justifiable.
Is SOSR a Disciplinary Action?
In brief, no.
A disciplinary dismissal typically follows misconduct, where an employee has broken a workplace policy or their conduct is not up to the expected standard. In contrast, an SOSR dismissal is not necessarily about blame. It could be due to a breakdown in trust, business reorganisation, or a third party’s demands.
That said, SOSR dismissals should still follow a fair and reasonable process. Even though it’s not a disciplinary route, failing to allow the employee an opportunity to explain their side of the matter or follow good practice could make a dismissal unfair.
Common Examples of SOSR
If you have never dealt with a potential SOSR situation before then it can be tricky to understand when SOSR may be applicable. Here are three typical scenarios where SOSR may apply:
- Irretrievable Breakdown in Working Relationships
If a serious personality clash between two employees is harming the team and there’s no practical way to resolve it, dismissal may be justifiable under SOSR. A minor, petty dispute is not enough in this instance. You must also explore all other options to try and resolve the breakdown in relationships prior to moving towards an SOSR process. This may include mediation, separating employees to work on different teams or shifts and role changes if suitable alternatives are available.
- Third-Party Pressure
An external client may request the removal of an employee from their contract due to concerns about behaviour or trust. If keeping the employee in place would risk the contract and the business has no suitable alternative role for the employee, dismissal under SOSR may be lawful.
- Refusal to Accept New Terms
Where an employee refuses to agree to reasonable changes to their contract – such as a change in working hours or location – and there’s a strong business case for the change, SOSR may be the appropriate route to bring that process to a conclusion. However, in such cases employers must show that consultation has taken place and that it was meaningful and that any queries and concerns from the employee were reviewed and appropriately addressed.
Following a Fair Process for SOSR
Even though SOSR is not a disciplinary matter, the same principles of fairness must be applied. Employment tribunals will look at whether:
- The reason for dismissal was genuine and substantial
- The employer acted reasonably in all the circumstances
- A fair procedure was followed, including consultation
- Alternatives to dismissal were considered and documented
It’s also important to keep clear records of conversations, meetings, and decisions, as the dismissal may be challenged at a later stage.
What ACAS Says About SOSR
While the ACAS Code of Practice on Disciplinary and Grievance Procedures does not directly apply to SOSR dismissals, it’s still good practice to refer to it and follow the principles set out in the code of practice to ensure fairness.
For example, giving the employee the chance to respond, involving them in discussions, allowing them the right to be accompanied to key meetings and giving an employee the opportunity to appeal any outcome all show that the employer has acted reasonably.
While SOSR can be a valid reason for dismissal, it should not be seen as a shortcut. It’s not designed for cases of poor performance or misconduct, and should never be used to try and avoid a proper disciplinary process.
By understanding what SOSR means – and how it differs from disciplinary action – employers and line managers can make better decisions, avoid legal risks, and handle difficult situations more effectively.
Do you have any questions about today’s blog, need help in becoming legally compliant with contracts/policies or can we support you in taking away any people pains to give you peace of mind?
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Why not also check out last weeks blog How to Resolve Workplace Disputes
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