SOSR Dismissal is the New Capability – Here’s What That Means for You
The lesser-spotted reason for dismissal, referred to as Some Other Substantial Reason—or SOSR—amongst our employment lawyer friends, is making a comeback!
Traditionally, SOSR has been rarely seen, or used route for dismissal. It typically applies in a very specific set of circumstances—often where there's been a total breakdown of trust and confidence in a senior manager, such as a CEO. Another common example is when a client asks for an embedded account manager to be removed from their account. These are the kinds of scenarios where SOSR is built for, those things that don’t fit nicely into the other dismissal boxes.
But that's changing. SOSR is becoming more achievable and accessible.
That’s not to say you can now skip proper capability processes and just label something SOSR. You absolutely can’t. However, if a relationship has genuinely and completely broken down, it is now more realistic to begin an SOSR process.
What do you need to do?
What you’re trying to demonstrate in these situations is that the working relationship is beyond repair. That could be, for example, because someone is making unreasonable demands, like insisting on the dismissal of their own line manager, where you have no alternative role for them. Or it could be that the individual simply can’t function within the team or environment anymore.
The challenge is that there are often conduct or capability issues leading up to this point, and employees may argue they weren’t supported properly. So there’s a high degree of nuance here, and you should absolutely seek advice at the time. In most cases, you'd be using previous performance or behaviour concerns as a foundation, but the core issue is the breakdown of the relationship and what that means moving forward.
What we’re not saying is that you can simply declare, “This relationship has broken down, see you later.”
There’s still a clear process to follow, including meetings and opportunities for the employee to respond or explore ways to avoid dismissal. You need to show that dismissal wasn’t your first choice, but you’re left with no other choice.
That said, SOSR is now very much a viable option. If you’ve got someone who’s proving difficult, raising repeated grievances, causing disruption, or where there’s a clear behavioural issue, you can explore this route. Tribunals are increasingly sympathetic to well-handled SOSR dismissals.
To be clear, this isn’t a green light to carpet-bomb your organisation with SOSR exits for everyone who annoys you! But if you’ve genuinely got someone who’s reached the end of the line—and it's more than just irritation, it’s a fundamental relationship breakdown—SOSR is worth considering.
There’s never a risk-free option
For anyone who has been down a lengthy capability route, SOSR is sounding pretty attractive right now, but it’s never risk-free, and it’s not the quick and dirty option either. (Spoiler alert: when it comes to dismissal, that doesn’t exist)
Here’s what you need to keep in mind:
Fair Process is Still Essential: Even under SOSR, you must follow a reasonable and fair procedure. This typically includes investigation, meetings, and the opportunity for the employee to respond.
Document Everything: A clear paper trail showing why the dismissal is justified under SOSR is critical. If you find yourself up against a claim and you don’t have this - well, let’s just say it’s not going to go well.
An SOSR Dismissal is still a last resort: Any form of dismissal should always be the last resort. As an employer, you should demonstrate you have explored reasonable adjustments, redeployment, or mediation.
It’s not a workaround: SOSR should not be used as a way to circumvent proper performance management. When it comes to dismissal, you’re not getting around the processes which make it legal and fair - not now, not ever.
You need an expert: SOSR cases can be nuanced. Engaging with HR consultants or employment lawyers early can save significant time and legal costs later. We might know one if you need any support here…
And a final thought
Dismissal is messy and difficult, for you, for them. For everyone. SOSR dismissals are a pragmatic way to manage underperformance and incompatibility. For employers, they provide an opportunity to make quick decisions when a working relationship just isn’t ‘ working’ anymore, without getting everyone trapped in a capability process.
Best of all, it can protect your business and give your employee a dignified exit.