In what instances does ‘some other substantial reason’ fit?
There are 5 fair reasons for a dismissal covered under section 98 Employment Rights Act 1996, namely misconduct, incapability, redundancy, statutory illegality and ‘some other substantial reason’ (SOSR). The first four reasons to dismiss are quite clearly labelled but the term “SOSR” can be a tricky concept to address, so what instance can you use SOSR?
SOSR gives the employer a broader option for a dismissal if the matter cannot fit under the other four fair reasons to dismiss and can be applied in several different situations some as explained below .
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 formal conduct hearing and terminate based on SOSR. In the case of Garside and Laycock v Booth (2011) the business enforced a 5% paycut across the business. Mr Booth refused to accept this and was subsequently dismissed under SOSR in which the Employment Appeal Tribunal (EAT)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 Employment Tribunal (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 who may a mental health condition that causes them to act in that manner.
When enforcing dismissals under SOSR, the employer will still need to follow a fair and reasonable process based upon the supporting evidence to justify “SOSR” giving a good opportunity for the employee to address the Employers reasoning behind the allegations at the “SOSR” hearing.
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.
