Some Other Substantial Reason (SOSR)

The final potentially fair reason is that the dismissal is for "some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held", usually shortened to some other substantial reason or SOSR – s.98(1)(b) ERA. 

There is no further statutory guidance on what is meant by the term, but it is designed to catch potentially fair dismissals that would not fall into any of the other categories, for example: 

• The dismissal of an employee who has failed to accept new terms and conditions following a business reorganisation;

• The dismissal of employees where there has been an irreconcilable breakdown in relationships between them; or

• The dismissal of an employee resulting from a TUPE transfer for which there is an “economic, technical or organisational reason entailing a change in the workforce”.

This is a ‘catch all category’ and may include for example:

1. the dismissal of an employee who was taken on as temporary replacement for a worker who was returning after maternity leave (provided that was clearly explained to the replacement from the outset);

2. the dismissal of an employee for failing to agree to a change in their terms and conditions of employment;

3. personality clashes;

4. the dismissal of an employee in connection with the transfer of ownership of a business under TUPE which can be shown to be for an "economic, technical or organisational reason entailing changes in the workforce” under the TUPE legislation; or

5. the imprisonment of an employee (this may also frustrate the contract).