SOSR dismissals and why they fall apart

Insight from your HR consultant in Thanet on what SOSR actually means, when it applies, and how to avoid getting it wrong.

You've got someone in your business who needs to go. The situation doesn't fit neatly into misconduct or poor performance.

So you've heard about SOSR and it sounds like it might cover you.

It might. But only if you handle it properly, and most employers don't.

SOSR has become the go-to label when nothing else seems to fit. That's exactly when things go wrong.

Here's what you need to know before you act.

What does SOSR actually mean?

SOSR stands for "some other substantial reason." Under the Employment Rights Act 1996, there are four main fair reasons for dismissal: conduct, capability, redundancy and statutory illegality. If your reason doesn't sit within any of those, SOSR is the fifth option.

But it was never designed to be a safety net for poorly managed exits. It's a legitimate category with its own requirements, and a tribunal will look very closely at whether your reason genuinely belongs there.

Myth: SOSR lets you dismiss someone when you can't pin down a clear reason

Absolutely not. The word "substantial" is doing heavy lifting in that acronym. You need to be able to clearly articulate a genuine business reason for the dismissal. If you can't explain it in plain language, a tribunal won't accept it either.

I see this a lot with business owners who've reached breaking point with a situation and just want it resolved. The temptation is to reach for SOSR because it sounds flexible. It is broad, but broad doesn't mean vague.

Myth: you can use SOSR to tidy up a conduct or capability issue that went sideways

If the real reason for dismissal is poor performance or behaviour, relabelling it as SOSR won't protect you. Tribunals look at the substance of what happened. They'll look past the heading on your letter and examine what actually led to the decision.

Writing "SOSR" at the top of a dismissal letter at 11pm doesn't change the underlying facts.

So when does SOSR genuinely apply?

There are a handful of scenarios where SOSR is the right category. These include:

A business reorganisation that changes roles but doesn't amount to a redundancy situation
A third-party relationship breaking down, for example a client refusing to continue working with a particular member of your team
A fixed-term contract coming to an end where you have a legitimate reason for not renewing
A conflict of interest, such as an employee's partner holding a sensitive position at a direct competitor

Each of these has something in common: the reason for dismissal sits outside the employee's own conduct or performance. It's driven by circumstances around them.

What evidence do you need to build?

Even when SOSR is the right label, you still need to follow a proper process and keep records as you go. There are no shortcuts here.

A clear business justification. You need a reason that a reasonable employer in your position would consider serious enough to warrant dismissal. Convenience isn't enough.

A fair procedure. The employee must be told why you're considering dismissal. They need a genuine opportunity to respond. And the final decision needs to come from someone with the authority to make it.

Evidence that you explored alternatives. If there were other options on the table, you'll be asked why you didn't pursue them. Dismissal should be the last resort, and you need to show that's how you treated it.

Records written in real time. Document the business reason, the steps you took, what the employee said, the outcome, and any appeal. Write it down as it happens. Putting together a paper trail months later for a tribunal bundle is a red flag.

Where SOSR dismissals typically unravel

Having supported businesses with HR consultancy services in Thanet and across East Kent, I've seen a pattern in how these cases go wrong. Here are the most common pitfalls.

The business reason is woolly. If you can't state it clearly in one or two sentences, you're going to struggle. A tribunal will want specifics.

The process gets rushed. When the reason feels obvious to you, it's tempting to skip steps. But what feels obvious internally often looks very different from the outside.

The employee wasn't properly heard. Giving someone a meeting isn't the same as giving them a real chance to respond. If the decision was already made before they walked in, that's a problem.

Nobody checked whether dismissal was the only way forward. Could the employee have been moved to a different role? Could the third-party issue have been managed differently? If you didn't consider alternatives, expect to be challenged on it.

The paperwork was written after the fact. Reconstructing your reasoning weeks or months later will always look weaker than notes taken at the time. Tribunals know the difference.

Questions worth asking yourself before you proceed

If you're thinking about an SOSR dismissal, pause and consider these honestly:

• Can you explain your business reason in plain English without it sounding like a conduct or capability issue in disguise?
• Have you given the employee a proper opportunity to hear the concerns and respond before any decision is made?
• Is there a realistic alternative to dismissal that you haven't fully explored?
• Are your records up to date, or would you need to go back and piece things together from memory?

If any of those give you pause, it's worth getting advice before you go further.

When to pick up the phone

The best time to get support with an SOSR dismissal is before you start the process. Once you've had conversations with the employee or set things in motion, your options narrow quickly.

It's especially important to seek advice if:

• You're unsure whether your situation genuinely qualifies as SOSR
• The employee has a protected characteristic that could add complexity
• The reason for dismissal involves a client or third-party relationship

I help businesses build the evidence they need and make sure the process is solid before anything happens. It's always easier to get it right from the start than to try and fix it afterwards.

Let's talk before it becomes a tribunal conversation

If you're facing a situation where you're not sure how to categorise a dismissal, or you're worried about getting the process wrong, I'd love to have that conversation with you now.

As an outsourced HR consultant in Thanet, I work with business owners to make sure dismissals are handled properly from the outset.

Get in touch and let's have a chat. I'd much rather help you get it right than read about it in a tribunal bundle later.