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Noel V Liam: Strategies for Handling SOSR Dismissals Due to Irreparable Workplace Relationship Breakdowns

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2nd September 2024

Noel V Liam: Strategies for Handling SOSR Dismissals Due to Irreparable Workplace Relationship Breakdowns

With the recent buzz around Oasis potentially reforming, it got us thinking about the dynamics of workplace relationships and how they can sometimes break down irreparably. Just as the Gallagher brothers’ tumultuous relationship has been a topic of public interest, similar breakdowns in work relations can occur in any organisation, leading to the need for dismissals under Some Other Substantial Reason (SOSR).

Below we’ll explore how employers can navigate these challenging situations fairly and legally.

Understanding SOSR

SOSR is a catch-all category for dismissals that don’t fit neatly into other predefined categories of fair dismissal, such as conduct, capability, redundancy or statutory illegality.

For a dismissal under SOSR to be deemed fair, two key criteria must be met:

  1. The dismissal must be a reasonable response from the employer.
  2. A fair procedure must have been followed.

The context and evidence supporting the dismissal are crucial to avoid a successful unfair dismissal claim at an Employment Tribunal.

One example of this is when a working relationship has broken down irreparably.

Handling SOSR Dismissal Fairly

A Fair Procedure

Even when a dismissal is justified under “Some Other Substantial Reason” (SOSR), it is crucial for employers to ensure that the process is fair. This involves several key steps:

  1. Thorough Investigation:
    • Conduct a comprehensive investigation into the circumstances leading to the potential dismissal. This ensures that all relevant facts are considered.
  2. Consultation with the Employee:
    • Engage in meaningful dialogue with the employee. Explain the reasons for the proposed changes or the issues at hand, and listen to their side of the story.
  3. Explanation of Impact:
    • Clearly articulate how the proposed changes or issues will impact the employee and the business. Transparency is key to maintaining trust.
  4. Responding to Representations:
    • Address any representations or objections raised by the employee. This shows that their concerns are taken seriously and considered.
  5. Considering Alternatives:
    • Explore alternatives to dismissal. This could include redeployment, additional training, or adjustments to the employee’s role.
  6. Reasonable Action:
    • Ensure that the decision to dismiss falls within the range of reasonable responses. This means that the action taken should be proportionate to the circumstances.

Balancing Act

All SOSR dismissals require a careful balance between adhering to the needs of the business and respecting the individual’s right not to be unfairly dismissed. This involves a thorough assessment of the situation, clear communication with the employee, and a well-documented process to ensure transparency. Employers must consider both the operational impact and the legal implications, striving to make decisions that are fair, justified, and in line with best practices. By doing so, they can maintain a respectful and legally compliant workplace environment.

It is good practice to offer an appeal against the decision to dismiss. For instance, in Afzal v East London Pizzas (2018), the EAT found that the dismissal was unfair because the employer did not allow Mr. Afzal an appeal against his dismissal for failing to provide evidence of his right to work in the UK.

Conclusion

Handling SOSR (Some Other Substantial Reason) dismissals fairly involves a meticulous process that respects both the legal framework and the rights of the employee. It is crucial for employers to follow a fair procedure, ensuring that decisions are reasonable, well-documented, and transparent. This not only helps in maintaining ethical standards but also minimizes the risk of legal repercussions.

To navigate these challenging situations effectively, employers should take advice from their Sapphire HR advisor.

Your advisor can provide valuable insight into best practice for handling SOSR dismissals. By consulting with your Sapphire HR advisor, you can ensure that all actions taken are compliant with current regulations and tailored to the specific circumstances of each case.

Here to Help, Not Replace Experts:

The information contained in this blog presented for general informational purposes only. While we strive to provide accurate and up-to-date content, legal and HR practices can evolve rapidly. This blog is not a substitute for professional advice.

For specific questions or concerns regarding your unique situation, we highly recommend taking professional advice and booking a consultation with a Sapphire HR Consultant. Our consultants are experts in the field and can provide tailored guidance to address your specific needs.

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