SOSR stands for “some other substantial reason” and, somewhere along the way, it became a catch-all excuse for employers who want to fire an employee but don’t have a compelling reason why.
But, be warned employers. If you choose to use SOSR as your “we’ll work it out later” excuse for a dismissal, a tribunal will dismantle it in minutes.
If the reason you’re dismissing someone doesn’t fall into one of the other four categories under the Employment Rights Act 1996, conduct, capability, redundancy and statutory illegality, you have to be able to justify why.
That means a process and paperwork that will hold up under scrutiny.
What SOSR actually covers
SOSR is intentionally broad. In practice, it can be used for situations such as:
- A genuine business reorganisation that doesn’t meet the threshold for redundancy
- A breakdown in trust and confidence involving a third party, such as a client who refuses to keep working with a specific employee
- The expiry of a fixed term contract where there’s a genuine reason for not renewing it
- A conflict of interest, for example an employee’s partner working for a direct competitor in a sensitive role
What SOSR is not
Slapping an SOSR label onto a conduct or capability dismissal that you didn’t run properly will not save you. Tribunals are not easily fooled, regardless of what felt true at 11pm while you were drafting the letter.
They always look at the substance, no matter which label sits at the top of it.
What you need to evidence
If SOSR genuinely is the right category, you still have to prove it properly. No shortcuts.
- A genuine reason.One a reasonable employer in your position would think justified dismissal, not just one that was convenient at the time.
- A fair process.The employee was told the reason, given a real chance to respond and the decision made by someone with actual authority to make it.
- Alternatives considered.If dismissal wasn’t the only option on the table, expect to be asked why.
- Documentation, the unglamorous part.The business reason, the process you followed, the outcome and any appeal, written down as you go, not reconstructed three months later for a tribunal bundle.
What might catch you out
Here are the five ways SOSR dismissals usually fall apart in practice:
- Reaching for SOSR without being able to spell out the specific business reason clearly
- Shortcutting the process because the reason felt obvious at the time
- Not giving the employee a genuine chance to respond
- Skipping consideration of whether dismissal was the only option
- Documenting the decision after the fact, rather than as it actually happened
If any of those sound familiar, you’re not alone. You’re also the one who’ll be standing in front of a judge explaining it.
When to get advice
Get advice before you start the process. Once you’re three weeks in and the employee’s already been told something, there’s a lot less anyone can do about it.
- You’re not sure whether your reason genuinely qualifies as SOSR
- The employee has a protected characteristic that could complicate things
- A client or third party relationship is part of the reason for dismissal
We advise on dismissal processes including SOSR, help you to build the evidence trail you need and make sure that the procedure holds up before you act, not after.
If you’re considering a dismissal and you’re not sure which category it falls into, get in touch before you start the process. We’d rather have that conversation now than read about it in a tribunal bundle later.