Guide to dismissing an Employee for Some Other Substantial Reason (SOSR)
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Our Guide to Dismissing an Employee for Some Other Substantial Reason (SOSR) offers step-by-step instructions, ensuring legal compliance and fairness in the dismissal process.
dismissing an Employee for Some Other Substantial Reason (SOSR)
The five fair reasons for dismissal as set out by the Employment Rights Act 1996 are:
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Capability: If a person lacks the skills, qualifications or ability to perform the job role.
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Conduct: If the employee has committed gross misconduct, or received previous warnings for serious misconduct.
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Redundancy: If the role is no longer required by the organisation.
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Legal reasons: If the continuation of employment would cause legal issues, such as a teacher being unable to pass a DBS check.
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Some other substantial reason (SOSR)
What is Some Other Substantial Reason (SOSR)?
SOSR is a unique category that encompasses various justifiable grounds not covered by the other four reasons. SOSR allows for dismissal when a reason is significant, justifiable, and does not fall within the other potentially fair reasons. It should not be an insignificant or frivolous reason but should justify the dismissal of an employee carrying out a particular role.
Common Examples of SOSR
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Business Re-organisation:
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If the business undergoes restructuring without making redundancies, SOSR may be a potentially fair reason for dismissal. This often involves changes to employees' terms and conditions, and dismissing an employee for refusing these changes, whether within or outside a re-organisation, can constitute SOSR.
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Refusal to Accept Changes to Terms and Conditions:
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Employees have the right to resist unilateral changes to their
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What is this for?
The Guide to Dismissing an Employee for Some Other Substantial Reason (SOSR) provides employers with a structured approach to navigate complex employment terminations.
This guide outlines the legal framework, procedural considerations, and documentation requirements when dismissing an employee for reasons not covered by misconduct or poor performance.
Its purpose is to assist employers in making fair and legally sound decisions, fostering transparency and adherence to employment laws during the dismissal process for substantial reasons beyond traditional categories.
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Employment law compliance
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Employment Rights Act 1996: Provides the legal framework for dismissing an employee for SOSR, offering statutory guidance on fair and unfair dismissals.
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Equality Act 2010: Ensures that dismissals for SOSR do not breach anti-discrimination laws and are carried out without discrimination based on protected characteristics.
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Data Protection Act 2018 (incorporating GDPR): Mandates the handling of personal data during the dismissal process in compliance with data protection principles.
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Common Law Principles: Legal principles related to fairness and reasonableness influence the dismissal process for SOSR.
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Company Policies and Employment Contracts: Internal policies and contractual agreements may outline specific procedures and expectations for dismissing an employee for SOSR.
Documentation sequence
Dismissal for Some Other Substantial Reason (SOSR) letter template
Our Dismissal for Some Other Substantial Reason (SOSR) Letter Template communicates a termination based on valid reasons beyond the usual, providing clarity and professionalism in the process.
