HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Some Other Substantial Reason is one of the potentially fair reasons for dismissal under section 98 of the Employment Rights Act 1996. However, identifying an SOSR reason does not automatically make a dismissal fair. The employer must also show that the decision was reasonable in all the circumstances and should follow a fair procedure.
What is SOSR?
SOSR can apply where an employer has a substantial reason for dismissal that does not fall within conduct, capability, redundancy or statutory restriction. The reason must genuinely be substantial rather than simply being a label attached to a dismissal.
Examples of SOSR
Depending on the circumstances, SOSR may potentially apply to situations such as business reorganisation, refusal to accept substantial changes to terms and conditions, conflicts of interest, serious and irreconcilable relationship difficulties, significant pressure from a third party or a substantial breakdown in trust and confidence.
However, none of these situations automatically makes dismissal fair. The employer needs to establish the facts and demonstrate why the particular circumstances constitute a substantial reason and why dismissal is reasonable.
Fair procedure
Even where an employer has a potentially fair SOSR reason, a fair procedure remains important. The employee should normally understand what is being considered, have an opportunity to respond and have their representations properly considered before a final decision is reached. ACAS recommends that employers follow a fair and reasonable procedure when handling dismissal situations. https://www.acas.org.uk/dismissals
Alternatives to dismissal
Employers should consider whether there are reasonable alternatives to dismissal where appropriate. Depending on the circumstances, these could include redeployment, alternative duties, mediation, changes to working arrangements or further consultation.
The alternatives will depend on the particular SOSR situation. What is reasonable in a business reorganisation may be very different from what is appropriate following a breakdown in working relationships or a conflict of interest.
Reasonableness
The employer should consider whether dismissal falls within the range of reasonable responses available in the circumstances. This involves considering the substantial reason, the impact on the organisation, the employee's position, the representations made and any alternatives available.
Right of appeal
A fair dismissal process should normally provide the employee with an opportunity to appeal. ACAS guidance recommends that employers provide an appeal process following dismissal and that, where possible, the appeal should be handled by someone who was not involved in the original decision. https://www.acas.org.uk/dismissals
Discrimination
Employers should consider whether the circumstances surrounding the proposed dismissal could involve discrimination under the Equality Act 2010. A potentially fair SOSR reason does not provide protection against a discrimination claim.
Notice and final pay
Unless there is a lawful basis for termination without notice, the employee will normally be entitled to contractual or statutory notice, whichever is applicable. Final pay should include any sums properly due under the contract and applicable legislation.