Insight from an HR consultant in Suffolk on what SOSR dismissals actually involve, when they’re appropriate, and how to avoid the mistakes that land employers in tribunal.
I’m working with more business owners lately who’ve heard the term SOSR and assumed it’s a flexible way to let someone go when the situation doesn’t fit neatly into a box.
That assumption is costing people money.
SOSR stands for “some other substantial reason” and it does have a legitimate place in employment law. But it requires just as much rigour as any other type of dismissal.
If you’re thinking about using it, you need to understand what it actually means before you put anything in writing.
What SOSR means under the Employment Rights Act 1996
When you dismiss someone in the UK, the reason needs to fall into one of five categories set out by the Employment Rights Act 1996. Four of those are specific: conduct, capability, redundancy, and statutory illegality.
SOSR is the fifth. It covers situations that don’t fit into any of the other four but where there’s still a genuine, defensible business reason for ending someone’s employment.
It was designed to be broad. That’s intentional. But broad doesn’t mean vague, and it certainly doesn’t mean “anything goes.”
The kinds of situations where SOSR applies
To give you a clearer picture, here are some real-world examples of where SOSR can legitimately be used.
- A business reorganisation that changes roles but doesn’t quite meet the legal definition of redundancy is one common scenario.
- Another is where a key client refuses to continue working with a particular employee, creating a genuine breakdown in a third-party relationship.
- Fixed-term contracts can also fall under SOSR. If a contract expires and there’s a sound reason for not renewing it, that can qualify.
- Similarly, a conflict of interest, such as an employee’s partner holding a sensitive position at a direct competitor, could justify an SOSR dismissal.
The common thread across all of these is that the business reason must be real and specific. If you can’t clearly articulate what it is, SOSR isn’t the right route.
Where employers get it wrong
I see patterns in the mistakes that lead to SOSR dismissals falling apart. They tend to cluster around a few recurring issues.
- The first is using SOSR as a label for something that should have been handled as a conduct or capability matter. If the underlying issue was poor performance or behaviour, calling it SOSR won’t disguise that. Tribunals look at the substance of the case, not the heading on the letter.
- The second is cutting corners on the process. When a business owner feels confident in their decision, it’s tempting to skip steps. But even if the reason for dismissal is solid, a flawed process can undermine the entire case.
- Another common mistake is failing to give the employee a proper opportunity to respond. The employee needs to know the reason, have time to consider it, and be given a genuine chance to put their side across. A token meeting where the outcome is already decided won’t hold up.
- Then there’s documentation. Or rather, the lack of it. Writing up what happened weeks or months later, often only once a claim has been made, is a red flag for any tribunal. Records need to be created as you go.
What a solid SOSR dismissal looks like
If SOSR genuinely is the right category for your situation, you still need to build a proper case. There are four things a tribunal will expect to see.
- First, a clear and specific business reason. Not a feeling. Not a general sense that things aren’t working. A reason that another reasonable employer in your shoes would consider sufficient to justify dismissal.
- Second, a fair process. The employee was informed of the reason, invited to a meeting, given the chance to respond, and the final decision was made by someone with the authority to make it.
- Third, evidence that alternatives were considered. If there was another option available, such as redeployment or a change of duties, you’ll need to explain why dismissal was chosen instead.
- Fourth, a paper trail. As part of our HR consultancy services in Suffolk, we always advise clients to document every step as it happens. The business rationale, the meetings held, the employee’s response, the outcome, any appeal. All of it, recorded in real time.
Questions to ask yourself before going down this route
Before you begin any SOSR process, take a step back and honestly consider these points.
- Can you explain the business reason for dismissal in one or two plain sentences?
- Is this genuinely an SOSR matter, or does the real issue sit under conduct or capability?
- Does the employee have a protected characteristic that could give rise to a discrimination claim?
- Is a third party, such as a client, involved in the reason for dismissal?
- Have you explored whether there’s an alternative to ending the employment?
If you’re unsure about the answer to any of those, that’s your signal to get professional advice before going any further.
Why timing matters
One of the most important things I tell clients is to get advice before the process starts. Not halfway through. Not after the employee has already been told something informally.
Once you’ve had a conversation with the employee, even a casual one, your options start to narrow. Anything said can become part of the picture if a claim is made later. The earlier you involve someone with experience in this area, the more room you have to get things right.
How we can help
We work with business owners on dismissal processes regularly, including SOSR. We help you assess whether your reason genuinely qualifies, build the evidence trail you’ll need, and make sure your procedure is sound before you take action.
As an outsourced HR consultant in Suffolk, we’d much rather have a conversation with you now than see the situation unravel later.
If you’re considering a dismissal and you’re not sure which category it falls into, get in touch.
Give us a call on 01473 653000 or email hello@pshumanresources.co.uk to book a free consultation. We’ll talk it through with you and help you work out the best way forward.
