20 Sep SOSR dismissals and why they fall apart at tribunal
Support from an HR consultant in Wychavon to help you handle SOSR dismissals properly before they become a costly problem.
I’m seeing more business owners reach for SOSR as a reason for dismissal without fully understanding what it requires.
The label sounds flexible. It feels like a safety net when the situation doesn’t fit neatly into conduct or capability.
But a tribunal won’t accept a vague justification, no matter how reasonable it felt at the time you made the decision.
If you can’t clearly explain the business reason and show you followed a proper process, you’re exposed.
Here’s what you need to know.
What does SOSR actually mean?
SOSR stands for “some other substantial reason.” Under the Employment Rights Act 1996, there are four main categories that can justify a fair dismissal: conduct, capability, redundancy and statutory illegality. If your reason doesn’t sit within any of those, SOSR is the fifth option.
It was designed to cover genuine situations that don’t fit the usual boxes. But because it’s deliberately broad, it’s become a go-to for employers who want to let someone go and aren’t sure how to categorise it.
That’s where the problems start.
The kind of situations where SOSR can genuinely apply
SOSR does have legitimate uses. A few examples of where it can work:
- Your business has been reorganised in a way that changes roles, but the changes don’t meet the legal definition of redundancy
- A client has refused to continue working with a particular member of your team, and the breakdown in that relationship is genuine
- A fixed-term contract has come to an end and there’s a clear, documented reason for not renewing it
- An employee has a conflict of interest, for example a partner who works for a direct competitor in a role that could compromise your business
Each of these has something in common. There’s a specific, identifiable business reason behind the decision.
Where it goes wrong
A tribunal will always look past the label you’ve put on a dismissal. If the real issue was poor performance or misconduct, calling it SOSR won’t disguise that. You can’t use it to patch over a disciplinary process you didn’t follow properly.
The most common mistakes I see are straightforward ones.
Employers can’t clearly articulate the actual business reason. They skipped steps in the process because the outcome felt obvious. The employee wasn’t given a proper opportunity to respond. Nobody stopped to ask whether there was an alternative to dismissal. And the paperwork was pulled together after the event rather than being recorded as things happened.
Any one of those gaps can be enough to lose a claim.
What a tribunal expects to see
If you’re relying on SOSR, you need to be able to demonstrate four things.
First, a genuine and specific business reason. Not a feeling. Not a preference. A reason that another employer in your position would consider serious enough to justify ending someone’s employment.
Second, a fair process. The employee needs to have been told what the issue was and given a real chance to put their side across. The decision itself needs to have been made by someone with the authority to make it.
Third, evidence that you considered alternatives. If there was another option available and you didn’t explore it, expect to be asked why not.
Fourth, documentation that was created at the time. Notes from meetings, the rationale for your decision, the outcome of any appeal. All written down as it happened. Reconstructing a paper trail months later for a tribunal bundle is not the same thing, and judges can tell the difference.
Ask yourself these questions before you proceed
Before you move forward with an SOSR dismissal, take a step back and honestly consider the following.
- Can you write down the specific business reason in one or two clear sentences?
- If someone asked you what process you followed, could you walk them through it step by step?
- Did the employee get a genuine opportunity to respond before a decision was made?
- Have you looked at whether there’s any realistic alternative to dismissal?
- Is everything documented as it happened, or are you relying on memory?
If you’re hesitating on any of those, that’s a sign you need to pause and get some support before going any further.
Why timing matters
One of the biggest issues I see is business owners getting in touch after they’ve already started the process. Once you’ve had a conversation with the employee or put something in writing, your options narrow quickly.
There are also situations that carry additional risk. If the employee has a protected characteristic, for instance, the dismissal could be challenged on discrimination grounds as well as unfair dismissal. If a third-party relationship is involved, you need to be especially careful about how you frame the reason and what evidence you rely on.
The earlier you get advice, the more room there is to get things right. Through HR consultancy services in Wychavon, I help employers work through these decisions before any action is taken, so the process is solid from the outset.
How I can help
I work with business owners on dismissal processes, including SOSR. That means helping you identify whether SOSR is genuinely the right category, building the evidence trail you need, and making sure the procedure will hold up if it’s ever tested.
The goal is always the same: get it right before you act, not after.
As an outsourced HR consultant in Wychavon, I’d much rather have a conversation with you now than see the situation turn up in a tribunal bundle six months down the line.
If you’re thinking about a dismissal and you’re not sure which route to take, get in touch.
A short discovery call is all it takes to work out where you stand and what needs to happen next.
