To dismiss an worker lawfully, the employer should have a good purpose and observe a lawful course of, or they threat tribunal claims.
Some Other Substantial Reason (SOSR) is among the 5 doubtlessly truthful causes for dismissal. It is a broad class, which creates uncertainty for employers seeking to depend on this as the premise of a good dismissal.
In this information, we clarify what ‘Some Other Substantial Reason’ means and the way, in follow, this may be relied on by employers to ascertain a good dismissal.
What is ‘Some Other Substantial Reason’?
Where any of the opposite 4 doubtlessly truthful causes for dismissal, as supplied within the Employment Rights Act (ERA) 1996 – conduct, functionality, redundancy or breach of a statutory restriction – don’t apply, employers could possibly depend on “some other substantial reason” (SOSR) to have the ability to lawfully dismiss an worker.
SOSR is a statutory catch-all provision that may enable an employer to pretty dismiss an worker in circumstances the place no different doubtlessly truthful causes apply. As such, this provision generally is a great tool for employers in justifying dismissal in considerably uncommon eventualities, though whether or not or not the explanation for dismissal falls inside its scope will rely on the info of every case.
The phrase is neither statutorily outlined, neither is there any official steerage on what it means or precisely what it encompasses. In concept, “some other substantial reason” can cowl all kinds of conditions…
