There are 5 fair reasons for a dismissal which is covered under the Employment Rights Act 1996 under section 98. These are conduct, capability, redundancy, statutory illegality and ‘some other substantial reason’ (SOSR). Though 4 of the reasons are quite clearly labelled, the term SOSR has been questioned, in what instance can you use SOSR?
SOSR gives the employer a broader option for a dismissal if the offence cannot fit under the other titles. It can be applied in a number of instances which I will explain.
Changing contractual clause
Employers who have consulted (and served notice) to their staff about changing terms and conditions of employment due to strong business reason. If an employee refuses to accept the new terms, the employer could invite to a disciplinary hearing and terminate based on SOSR. In the case of Garside and Laycock v Booth (2011) the business enforced a 5% pay cut across the business. Mr Booth refused to accept this and was subsequently dismissed under SOSR in which the Employment Appeal Tribunal agreed was the correct thing to do.
Client pressure to dismiss
In the case of Greenwood v Whiteghyll Plastics (2007) Mr Greenwood, a shop fitter, was dismissed under SOSR due to third party pressure. A major customer had complained about Mr Greenwood’s standard of work on a number of occasions and wanted him removed off his site. After assessing other alternative work – to which there was none, the employee was dismissed. At ET and EAT the panel agreed that SOSR was a justified outcome.
Personality clashes
In the case of Perkin v St George Healthcare 2005, the employee was dismissed under SOSR due to personality clash. Though the employee was doing the job correctly, his abrash manner with management made it difficult to work with him. Many employers still use this approach when there is no other solution when addressing personality clashes. It is important to seek further HR advise when addressing staff with a mental health condition.
When enforcing dismissals under SOSR, the employer will still need to follow a fair and reasonable process. The employer should evidence a robust case at the hearing but also giving a good opportunity for the employee to address their reasoning behind the allegations.
The article is for general information purposes only and should you require any further assistance on the matter please do not hesitate to call our advice-line team on 01455 852028.
