SOSR Dismissal: 20 Real Examples of 'Some Other Substantial Reason' 2026

"Some other substantial reason" (SOSR) is a flexible dismissal category for genuine business reasons that don't fit conduct, capability, redundancy, or illegality.

20 Real SOSR Dismissal Examples

1. Client Refuses to Work with Employee

Scenario: A major client tells your employer they will not renew their contract if you continue working on their account.

SOSR grounds: Third-party pressure; genuine threat to business relationship

Likely fair if: Employer investigates client's concerns, considers alternatives, consults with you

Example case: Dobie v Burns International - dismissal fair when US employer required UK employee to return to US

2. Loss of Security Clearance

Scenario: You work in defence industry and lose your security clearance due to new partner's nationality/criminal record.

SOSR grounds: Can no longer perform essential duties

Likely fair if: Employer checked whether alternative work available, followed fair process

Example case: Klusova v London Borough of Hounslow - dismissal fair when employee lost security clearance

3. Imprisonment

Scenario: You're imprisoned for non-work-related offence, making attendance impossible.

SOSR grounds: Unavailability to work (not misconduct)

Likely fair if: Sentence length makes continued employment impossible, employer considered alternatives

Key: This is SOSR, not misconduct, if offence is unrelated to work

4. Business Reorganisation Without Redundancy

Scenario: Company needs all staff to work new shift patterns; you refuse.

SOSR grounds: Genuine business need for reorganisation

Likely fair if: Business need genuine, consulted properly, offered reasonable notice

Example case: Hollister v NFU - dismissal fair when employee refused new terms after consultation

5. Harmonising Terms Post-Merger

Scenario: Two companies merge; old contracts need standardisation; you won't agree to new terms.

SOSR grounds: Business need to harmonise contracts

Likely fair if: Legitimate business reason, proper consultation, new terms reasonable

6. Personality Clash with Manager

Scenario: Irreconcilable personality differences with your line manager affecting work.

SOSR grounds: Breakdown of working relationship

Likely fair if: Employer tried mediation, considered transfer, relationship genuinely irretrievable

Warning: Tribunals scrutinise heavily - must be severe, not just "we don't get on"

7. Breakdown of Trust (Not Misconduct)

Scenario: You didn't do anything wrong, but trust has broken down (e.g., suspected but unproven wrongdoing).

SOSR grounds: Loss of confidence in employee

Likely unfair: Very hard to justify without misconduct; tribunals are skeptical

Red flag: Often seen as pretext for unfair dismissal

8. Third-Party Professional Relationship

Scenario: You're a relationship manager and key client requests your removal (not for misconduct).

SOSR grounds: Maintaining essential business relationship

Likely fair if: Client relationship essential, no alternative role available, fair process followed

9. Regulatory Body Concerns

Scenario: Financial regulator expresses concerns about your fitness to hold a regulated role.

SOSR grounds: Regulatory requirements

Likely fair if: Concern is genuine, you can't do the job without regulatory approval

Example: FCA withdraws approval for senior manager role

10. Refusal to Relocate

Scenario: Business closes your office; you're required to relocate but refuse.

SOSR grounds: Business reorganisation; legitimate business need

Likely outcome: Depends on whether mobility clause in contract and reasonableness of relocation

Fair if: No mobility clause but genuine business need; unfair if mobility clause exists (should be redundancy)

11. TUPE Transfer Refusal

Scenario: Business transfers under TUPE; you refuse to transfer to new employer.

SOSR grounds: Refusal to transfer

Automatically fair: TUPE specifically provides this is SOSR

Note: You're not dismissed by old employer; employment ends by refusal to transfer

12. Conflict of Interest

Scenario: Your partner starts working for direct competitor in same field.

SOSR grounds: Genuine conflict of interest concerns

Likely outcome: Depends on severity and alternatives explored

Fair if: Legitimate confidentiality concerns, alternatives explored

13. Expiry of Fixed-Term Contract

Scenario: Your fixed-term contract expires; task is complete; no renewal.

SOSR grounds: Genuine temporary need has ended

Likely fair if: Contract genuinely for fixed task/period, no permanent work available

Note: Can be redundancy or SOSR depending on circumstances

14. End of Secondment

Scenario: You were seconded to another department; secondment ends; no role to return to.

SOSR grounds: Temporary arrangement ending

Likely outcome: Should usually be redundancy rather than SOSR

Fair if: Genuinely no role available and fair selection process

15. Insistence on Working for Competitor

Scenario: You want to keep second job working for competitor; employer says it's incompatible.

SOSR grounds: Conflict of interest; breach of fidelity

Likely fair if: Genuine conflict exists, you were warned, refused to choose

Key: Usually handled as misconduct, but can be SOSR if not deliberate breach

16. Parole Conditions Prevent Work

Scenario: Released from prison but parole conditions prevent working with children/vulnerable people; this is your job.

SOSR grounds: Unable to perform role due to legal restrictions

Likely fair if: Restriction genuine, no alternative role available

17. Immigration Status Changes

Scenario: You lose right to work in UK (not employer's fault); visa refused/expires.

SOSR grounds: Illegality of continued employment

Likely outcome: Usually "illegality" rather than SOSR, but sometimes SOSR if grey area

Automatically fair: Continuing employment would be illegal

18. Business Sale Falls Through

Scenario: Business planned to sell; you were going to transfer; sale collapses; now too many staff.

SOSR grounds: Anticipated transfer not happening

Likely outcome: Usually redundancy rather than SOSR

Fair if: Genuine redundancy situation, fair selection

19. Pressure from Workforce

Scenario: Other employees threaten to strike/resign if you continue working there.

SOSR grounds: Maintaining workplace harmony

Usually unfair: Tribunals rarely accept peer pressure as sufficient reason

Red flag: Suggests possible discrimination or bullying

20. Reasonable Changes to Contract Terms

Scenario: Employer needs to change contract terms (e.g., reduce pay due to financial difficulties); you refuse.

SOSR grounds: Business need for contract variation

Likely outcome: Depends on reasonableness of changes and consultation

Fair if: Genuine business need, proper consultation, changes reasonable, dismissal proportionate

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What Is SOSR?

The Legal Basis

Section 98(1)(b) of the Employment Rights Act 1996 provides that dismissal may be fair for:

"some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held"

What "Substantial" Means

The reason must be:

• Genuine - not a pretext for something else
• Substantial - not trivial or minor
• Sufficient - enough to justify dismissal
• Related to the employment - relevant to the job

Common SOSR Situations

Business Reorganisation

Scenario	SOSR Grounds
New shift patterns needed	Business need for change
Changing terms and conditions	Operational requirements
Restructure without redundancies	Reorganising work
Harmonising contracts	Post-merger integration

Third-Party Pressure

Where third party demands dismissal:

• Customer refuses to work with employee
• Client contract requires specific staff
• Regulatory body concerns
• Loss of security clearance

Breakdown of Working Relationships

When relationship has irretrievably broken down:

• Personality clash (if severe)
• Loss of trust (not misconduct-related)
• Team dysfunction
• Relationship with key client

Other Examples

• Expiry of fixed-term contract for genuine fixed task
• Imprisonment (if not misconduct)
• Transfer refusal in genuine TUPE situation
• Business sale where no buyer found
• End of secondment

What SOSR Is NOT For

Not a Catch-All

SOSR should not be used when:

• The real reason is something else
• It's actually redundancy
• It's actually capability
• It's actually misconduct
• The employer just wants to get rid of someone

Red Flags for Tribunals

Warning Sign	What It Suggests
Vague reason given	No substantial reason
Story keeps changing	Pretext for something else
No business need shown	Not genuine
Proper category available	Wrong reason used
Discrimination indicators	Unlawful motive

Fair Process for SOSR

Investigation

Employer should:

• Establish the facts
• Consider whether SOSR is the right category
• Document the business need
• Consider impact on employee

Consultation

Before dismissing:

• Meet with employee
• Explain the situation fully
• Consider their response
• Explore alternatives

The Test

Tribunal asks:

1. Is there a genuine reason that qualifies as SOSR?
2. Did the employer follow fair procedure?
3. Was dismissal within the range of reasonable responses?

Business Reorganisation SOSR

When It Applies

Where employer needs to change terms but:

• No redundancy (role continues)
• Employee won't agree to change
• Business need is genuine

Process Requirements

1. Identify genuine business need
2. Consult with affected employees
3. Try to reach agreement
4. Consider alternatives
5. Warn of consequences of refusal
6. Dismiss if no agreement, immediately re-engage on new terms

"Fire and Rehire"

This practice involves:

• Dismissing employees who refuse new terms
• Immediately offering re-engagement on new terms

Now subject to statutory code - employers must:

• Consult meaningfully
• Consider alternatives
• Not use dismissal as first resort
• Follow proper process

Third-Party Pressure

When It's Substantial

Third-party pressure may justify SOSR if:

• Pressure is genuine and serious
• Would result in substantial detriment to business
• Employer has properly investigated
• No reasonable alternative exists

Employer Must Still

• Investigate the situation
• Consider whether pressure is justified
• Look at employee's position
• Explore alternatives
• Follow fair process

Not Automatic

Employer cannot simply:

• Accept client's word without question
• Dismiss immediately on request
• Ignore employee's rights

Breakdown of Trust

When It Qualifies

Irretrievable breakdown may be SOSR if:

• Relationship genuinely can't continue
• Not the employee's fault (or conduct would apply)
• Employer has tried to resolve
• No alternative like transfer

Proving Breakdown

Evidence might include:

• Failed mediation attempts
• Impact on team performance
• History of difficulties
• Business impact

Not Just "We Don't Get On"

Personality differences alone insufficient:

• Must affect work significantly
• Genuine attempts to resolve needed
• Consider whose "fault" it is
• Look at alternatives

Employee Rights

Procedural Fairness

Even with genuine SOSR:

• Must be consulted
• Must have chance to respond
• Should receive written reasons
• Can be accompanied at meetings
• Has right to appeal

Challenge Options

If dismissed for SOSR, you can:

• Appeal internally
• Claim unfair dismissal (if 2 years' service)
• Challenge whether reason was genuine
• Challenge reasonableness of dismissal

What Tribunal Examines

• Was the reason genuinely substantial?
• Was it properly investigated?
• Was the employee consulted?
• Were alternatives considered?
• Was dismissal within reasonable range?

Compensation

Standard Unfair Dismissal

If SOSR dismissal is found unfair:

• Basic award (based on service)
• Compensatory award (actual losses)
• Subject to statutory cap

No Enhanced Award

Unlike automatically unfair dismissals:

• No enhanced protection
• Standard compensation rules apply
• No interim relief available

Challenging SOSR Dismissal

Grounds for Challenge

Argument	How to Make It
Not substantial	Reason is too trivial
Not genuine	Real reason is different
No consultation	Wasn't given fair hearing
Alternatives existed	Could have done something else
Unreasonable	Dismissal too harsh

Evidence to Gather

• Business documents showing (or not showing) need
• Correspondence about the decision
• Notes from meetings
• Evidence of alternatives not considered
• Comparator evidence

Tips for Employees

If Facing SOSR Dismissal

1. Ask for specifics - what exactly is the reason?
2. Request evidence - why is this substantial?
3. Propose alternatives - what else could be done?
4. Challenge the process - has it been fair?
5. Get advice - is this genuine SOSR?
6. Know your rights - you can still claim unfair dismissal