Some Other Substantial Reason – SOSR

There are five potentially fair reasons for dismissal under Section 98 of the Employment Rights Act 1996:-

1. Conduct
2. Capability
3. Redundancy
4. Breach of a statutory right
5. Some Other Substantial Reason of a kind as to justify the dismissal (please put “SOSR”).

“SOSR” is a “catch all” category.  There is no statutory definition of the term or statutory guidance. Case law however on SOSR cases identify that the reason must be substantial. The interpretation of what is substantial is a subjective one and may differ according to the specific circumstances of each and every matter. The SOSR must also be sufficient to justify dismissal.