{"id":797,"date":"2023-04-21T14:06:13","date_gmt":"2023-04-21T13:06:13","guid":{"rendered":"https:\/\/www.abhrsolutions.co.uk\/?p=797"},"modified":"2023-04-21T14:06:13","modified_gmt":"2023-04-21T13:06:13","slug":"sosr-dismissals","status":"publish","type":"post","link":"https:\/\/www.abhrsolutions.co.uk\/sosr-dismissals\/","title":{"rendered":"SOSR Dismissals"},"content":{"rendered":"

You could easily be forgiven for not having heard of \u00a0SOSR Dismissals\u2013 some other substantial reason \u2013 dismissal. So, let\u2019s explain.<\/p>\n

An employer can fairly dismiss an employee for one of the 5 \u201cfair reasons\u201d<\/p>\n

    \n
  1. Capability<\/li>\n
  2. Conduct<\/li>\n
  3. Redundancy<\/li>\n
  4. Breach of a statutory restriction<\/li>\n
  5. Some other substantial reason.<\/li>\n<\/ol>\n

    SOSR is sometimes seen as the last resort \u2013 being cynical, if the dismissal doesn\u2019t neatly fit into one of the first 4 reasons, it gets called a SOSR dismissal.<\/p>\n

    It is rarely used and this is partly due to lack of awareness and\/or understanding.<\/p>\n

    What is an SOSR dismissal?<\/h2>\n

    An SOSR dismissal is a term used by employers to dismiss an employee where the dismissal reason does not neatly fit into one of the other fair reasons.<\/p>\n

    It is something of a \u201ccatch all\u201d provision that can allow an employer to fairly dismiss an employee in circumstances where no other potentially fair reason would apply. So, it is quite commonly used in slightly unusual situation and scenarios and the phrase is not given any real statutory definition.<\/p>\n

    However, it cannot be used to justify a dismissal for something quite trivial \u2013 it must be used for something \u201csubstantial\u201d.<\/p>\n

    When might a SOSR dismissal apply?<\/h2>\n

    Breakdown in trust and confidence<\/strong> \u2013 there is an implied term of \u201ctrust and confidence\u201d in the employment relationship between the parties and occasionally, a breakdown will occur for whatever reason and it is clear that the breakdown is irretrievable and there is no going back.<\/p>\n

    This is more likely to occur at senior level where there might be a \u201cdifference of opinion\u201d <\/strong>and this might be related to business strategy or direction and the senior manager can no longer sit round the board room table if the views of the parties are at loggerheads.<\/p>\n

    Personality clashes <\/strong>may occur between employer and employee or between colleagues which renders the employment relationship difficult and the parties can no longer work effectively together.<\/p>\n

    The clash may have led to a relationship breakdown which is impacting on the business or causing disruption and in these situations, an SOSR dismissal may be an option but should only be a last resort having considered other options.<\/p>\n

    Reputational risk to the business \u2013 <\/strong>a business is entitled to protect its reputation and sometimes the actions of an employee may adversely compromise the reputation of the business.<\/p>\n

    Again, this is more likely to be an issue at senior level \u2013 so, for example, an employee\u2019s actions outside work may be seen to bring about reputational damage or risk to the business or an employee may have been convicted of a criminal offence, which under normal circumstances would not give rise to a dismissal but the nature of the offence and the employee\u2019s level within the business may cause reputational damage and could give rise to an SOSR dismissal.<\/p>\n

    Pressure from clients or third parties<\/strong> \u2013 quite common in out-sourcing businesses such as Facilities Management where a major client requests the removal of an employee from a contract. This would not normally be a redundancy situation and can be quite tricky because invariably the client request will be due to performance or conduct. In some situations, it may be to do with a personality clash but whilst the employer may justifiably remove the employee from the contract to protect a commercial relationship, they should exhaust all re-deployment options before relying on SOSR.<\/p>\n

    Protection of legitimate commercial interests<\/strong> \u2013 this could occur where an employee is in a relationship with someone who works for a competitor or a supplier and can give rise to a conflict of interest and the employer is entitled to protect their legitimate commercial interests.<\/p>\n

    Is it risky to rely on SOSR?<\/h2>\n

    Nothing is without risk and if an employer relies on an SOSR dismissal, it is still necessary to act fairly and reasonably and it should only be used after all other options have been considered and exhausted.<\/p>\n

    It is also important that an SOSR dismissal is not used as a smoke screen \u2013 yes, it is something of a catch all but Tribunals are mindful that it should not be abused or over used.<\/p>\n

    The most effective way to mitigate the risk associated with an SOSR dismissal is through either a settlement agreement or an ACAS COT3.<\/p>\n

    What are the critical factors in successfully defending an SOSR dismissal at a Tribunal?<\/h2>\n

    SOSR is a dismissal so an employee will need 2 years service to bring an unfair dismissal claim but whether the employer is successful in a Tribunal will depend on a multitude of factors including<\/p>\n