Some Other Substantial Reason (SOSR) Dismissals
This subfolder includes general Guidance Notes and Letters to use where the intention is to dismiss an employee for Some Other Substantial Reason (SOSR).
Employees have the right not to be unfairly dismissed by their employer. In accordance with the Employment Rights Act (ERA) 1996, there are various potentially fair dismissal reasons including where there is “some other substantial reason” to justify the dismissal of the employee.
The SOSR provision can cover a wide variety of situations, although whether or not the reason for dismissal falls within its scope will depend upon the facts of each case. The Guidance Notes on Some Other Substantial Reason Dismissal provide more information on this subject.
Some Other Substantial Reason (SOSR) Dismissals is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.
Frequently Asked Questions
The reason I want to dismiss an employee does not fit conduct, capability, redundancy or a statutory restriction. Can I still dismiss them fairly? +
Yes, in certain circumstances. Under section 98(1)(b) of the Employment Rights Act 1996, 'some other substantial reason' (SOSR) is a residual potentially fair ground covering situations outside the other four reasons, provided the reason is genuine, not trivial and capable of justifying dismissal of an employee in that position. Tribunals recognise examples including irretrievable breakdown in working relationships, third-party pressure to remove an employee, refusal to accept a business-driven change to terms and conditions and expiry of a fixed-term contract for a time-limited purpose. Establishing SOSR is only the first step: you must also act reasonably in all the circumstances, including following a fair process. See the Simply-Docs Guidance Note on SOSR Dismissals and template letters for common scenarios.
What process must I follow to keep an SOSR dismissal fair and avoid an unfair dismissal claim? +
Under section 98(4) of the Employment Rights Act 1996, a tribunal asks whether dismissal fell within the range of reasonable responses, so follow a sound process: investigate the reason thoroughly, inform the employee and give a genuine chance to respond before deciding, consider alternatives such as redeployment or adjustments and document each step. The Acas Code does not automatically apply to every SOSR case, but elements of good process carry weight and tribunals will scrutinise the procedure. Simply-Docs' Guidance Note on SOSR Dismissals sets out the recommended process alongside the template letters.
My employee's fixed-term contract is coming to an end. Should I use SOSR or redundancy as the reason for dismissal, and what letter do I need? +
The correct ground depends on why the role is ending, since under section 95(1)(b) of the Employment Rights Act 1996 expiry and non-renewal of a fixed-term contract is legally a dismissal. If the need for that type of work has ceased or diminished, redundancy under section 139 ERA 1996 is likely correct, carrying statutory redundancy pay for eligible employees. If the contract was always for a specific, time-limited purpose, such as covering maternity leave or completing a defined project, SOSR may be more appropriate and does not. For the SOSR route, use the Simply-Docs Letter Advising Employee of End of Fixed Term Contract, and take advice where the correct ground is in doubt.
What documents are in this SOSR sub-folder and how do I know which one to use for my situation? +
Read the Guidance Note: Some Other Substantial Reason Dismissals first to confirm SOSR is the right ground, then pick the matching letter. The guidance note explains what SOSR is, when it applies, how tribunals assess it and the process to follow. Use the Letter Confirming SOSR Dismissal Following Disqualification From Working With Children in childcare or education when an employee is disqualified from working with children. Use the Letter Advising Employee of End of Fixed Term Contract when ending a fixed-term contract on SOSR grounds, for example temporary cover.
