What is a SOSR dismissal?

UPDATED: 27th August 2025

Dismissing an employee is rarely straightforward, and if handled incorrectly, can leave employers vulnerable to costly claims and reputational damage. 

That’s why it’s essential to thoroughly understand the potentially fair grounds for dismissal, including ‘Some Other Substantial Reason’ (SOSR).  

When used appropriately, SOSR offers employers the flexibility to address challenging situations while ensuring decisions remain fair, reasonable, and legally compliant. 

In this blog post, we’ll break down what SOSR means, the situations where it can apply, how to follow a fair process, and the best practice tips for employers. 

What does SOSR mean?

SOSR is one of the five potentially fair reasons for dismissal set out in the Employment Rights Act 1996.  

Unlike misconduct, capability, redundancy, or a statutory restriction, SOSR acts as a catch-all category for situations where none of the other defined reasons apply, but where it is still reasonable for an employer to end someone’s employment. 

The law does not provide a precise definition of what counts as a ‘substantial’ reason. However, case law has established that it must be important, genuine, and significant and not minor, trivial, or based on personal whim. The issue must be serious enough to justify dismissal and supported by sound business grounds. 

This flexibility makes SOSR a useful, though sometimes misunderstood, option for employers, which is why it must be applied with care.  

As SOSR is open-ended, tribunals will look closely at whether it was the real reason for dismissal and whether the decision was fair in the circumstances.  

Employers need to be ready to show evidence of the problem, the steps taken to resolve it, and why dismissal was the last resort.  

Used correctly, SOSR provides a legitimate pathway for ending employment when other categories don’t fit, but it should never be treated as a shortcut. 

When can SOSR be used? 

As SOSR is designed as a catch-all category, it can apply in a variety of situations. 

Common examples include: 

Breakdown in working relationships 

This is where there has been an irretrievable breakdown between colleagues, or between an employee and their manager, making it impossible for the working relationship to continue. 

It must go beyond minor disagreements or personality differences. The impact should be serious enough to affect teamwork, productivity, or business operations. 

Refusal to accept contractual changes

This applies where an employee refuses to accept reasonable and necessary changes to their terms and conditions, such as working hours, location, or duties.  

If all consultation and compromise options have been explored without agreement, and the change is essential for business needs, dismissal may be considered under SOSR. 

Third-party pressure

This is where a client, customer, or other third party insists that an employee is removed from their role.  

If the request is reasonable, supported by clear evidence, and there is no suitable alternative, such as redeployment, it can be treated as an SOSR situation. 

Conflict of interest

This arises when an employee’s personal relationships, outside work, or secondary employment create a genuine conflict with the employer’s business interests.  

If the conflict cannot be managed or resolved in a practical way, dismissal under SOSR may be appropriate. 

Fixed-term contract endings

This can apply where a fixed-term contract is not renewed for reasons that do not amount to redundancy.  

For example, where the contract was to cover an absent employee who is now returning, or for a specific project that has ended. 

Reputational risk

This is where keeping an employee would cause serious damage to the organisation’s reputation, for example due to actions or conduct outside of work.  

The connection between the issue and potential harm to the business must be clear and supported by evidence. 

How to ensure an SOSR dismissal is fair

When using SOSR as part of the dismissal process, the law requires employers to follow a fair and reasonable procedure.  

To defend SOSR at Employment Tribunal, two key elements must be satisfied: 

SOSR must be the genuine reason for dismissal 

The business must be able to show that SOSR was the real and main reason for ending the employment and not used as an excuse for another reason such as misconduct, discrimination, or redundancy.  

The explanation should be backed up with clear, credible evidence and reflect the true circumstances of the case, meeting the threshold of being a ‘substantial’ reason under employment law. 

The dismissal must be reasonable in all the circumstances 

Having a substantial reason is not enough on its own, the decision to dismiss must also be fair in practice.  

An Employment Tribunal will look at whether other options were properly explored, such as redeployment, mediation, or adjusting the employee’s duties, and whether dismissal was a proportionate response to the problem. 

Case study: Afzal vs East London Pizza’s (2018) 

It is considered good practice to offer an employee the right to appeal a dismissal decision. 

In the Afzal v East London Pizzas (2018) case, an employee was dismissed for failing to provide proof of his right to work in the UK. Although the employer believed the dismissal was justified, the Employment Tribunal ruled it unfair because no appeal was offered. 

This case highlights that, even when there is a clear and substantial reason for dismissal, following the correct process is crucial. An appeal gives employees the chance to address misunderstandings or provide missing information, while allowing employers to demonstrate fairness and reasonableness. 

Best practice tips for employers 

The following steps can help minimise the risk of an Employment Tribunal claim and ensure fairness when applying SOSR: 

Investigate thoroughly 

Gather all relevant facts before making any decisions. This means speaking to everyone involved, reviewing documents or other evidence, and considering the wider context of the situation.  

Avoid making assumptions or relying on hearsay. A dismissal will only be defensible if it is built on a complete, accurate, and unbiased understanding of events. 

Keep clear records 

Maintain accurate and detailed records of every stage in the process, including meeting notes, written communications, and the rationale for key decisions.  

Well-kept documentation not only supports your position in the event of a challenge but also illustrates to employees that you acted reasonably and in line with good practice. 

Follow a consistent approach

Apply company policies and procedures evenly across all employees. Ensure that similar cases are handled in a similar manner, unless there is a clear, justifiable reason to take a different route.  

Consistency reduces the risk of discrimination claims and reinforces that decisions are fair and transparent. 

Seek professional advice 

SOSR dismissals can be complex and fact-specific, so it’s wise to seek guidance from HR professionals before taking action.  

Expert advice can help you assess the risks, identify any potential pitfalls, and ensure that your approach is compliant with employment law and strong enough to hold up at an Employment Tribunal. 

How Sapphire HR can help 

Handling an SOSR dismissal can be difficult, and the stakes are high if the process isn’t managed correctly. That’s where we can step in to provide the right support for your business. 

Through our HR Unlimited service, you’ll have ongoing access to expert advice, policy updates, and the documents you need to stay compliant, giving you the reassurance that every step is handled fairly and consistently. 

If you prefer a more flexible option, our HR on Demand service allows you to call on our expertise only when you need it, whether that’s drafting letters, guiding you through a tricky dismissal, or helping with an appeal.