SOSR Dismissal – When can I use it?

Never heard of a SOSR Dismissal? You might not be alone. Many clients fairly dismiss employees on familiar grounds such as conduct or capability. You can use SOSR ‘some other substantial reason’ as an acceptable ground of dismissal too. However, make sure you do it fairly and reasonably. You might find “4 top tips to avoid unfair dismissals” helpful before making any big decisions. In this article, we cover the basics of SOSR Dismissals.

1. When to use SOSR Dismissal

You can use SOSR when no other potential reason for fair dismissal applies. Some employers turn to SOSR because of its ‘catch-all’ benefits and use in a wide variety of situations. For example, an employer changes their terms and conditions and employees cannot agree. Another reason, an Employer continues to employ someone they believe to be in breach of immigration rules. Thirdly, an employee is banned from their workplace. Before you dismiss an employee, make sure you know about unfair dismissals and the repercussions you might face.

2. How does a SOSR Dismissal work?

A reason for SOSR must be substantial. You need to clearly justify the dismissal of an employee holding the job which the employee actually held. As you can expect, for a fair dismissal to take place, employers usually have to show the decision was reasonable in all circumstances.

3. Is there a procedure to follow?

Act reasonably and follow a fair process before a SOSR dismissal. In outline, procedures often consist of:

  • Reasonable investigation (include an investigation meeting with your employee)
  • Invitation to attend an SOSR meeting
  • Holding the meeting
  • Written outcome and right of appeal

Remember to take additional steps if your employee is banned from your worksite.

4. What if a mistake is made?

Remember, it’s important to get SOSR dismissals right. Always be careful if an employees has two years’ service or more. If they complain to an employment tribunal because they feel they’ve been unfairly dismissed, it could cause financial problems. Whether a particular dismissal is fair or not will depend on the facts of the individual case.

5. What should my first step be?

The first step, whatever your reason is to seek advice from Kingfisher Professional Services. We can look on the facts of your case and help you process it smoothly.

SOSR Dismissal Roundup

You should now have a better grasp of SOSR dismissals. Firstly, use it when no other potential reason applies. Secondly, make sure your reason is substantial, with proof because you must clearly justify your actions. Thirdly, hold a reasonable investigation and meet with your employee. Finally, provide a written outcome with right of appeal. And don’t worry if you make a mistake, talk to us about your situation and we’ll try and help.

 

Do you have an employment law matter? Get in touch.

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