guide for managers
people policies
Some Other
Substantial Reason
for Dismissal
Manager Guide
People Policies Some Other Substantial Reason for Dismissal Manager Guide
Contents
Policy
Purpose of the policy
3
Employee’s responsibilities
4
Manager’s responsibilities
4
Trade union representative’s role
4
Process
Exclusions
5
Additional guidance and support
6
2
People Policies Some Other Substantial Reason for Dismissal Manager Guide
Policy
Purpose of the policy
Examples of using SOSR include such issues as the
following:
The Some Other Substantial Reason
for Dismissal (SOSR) policy provides a
framework for managers to deal with
potential dismissal situations that do
not come under the standard policies.
Occasionally dismissals do not fall into any
of the following categories:
Category
Conduct
Performance
Ill health
Redundancy
●● Where an employee has confirmed that they
are not prepared to accept a change/s in their
working practices/contractual terms following
a service review undertaken in accordance with
the Managing Change policy and trade union
consultation.
●● Where as a result of an external service
Policy
Disciplinary policy
Improving Performance policy
Supporting Attendance policy
Managing Change policy
transferring in to the council under the TUPE
regulations, there are economic, technical, and
organisational reasons entailing a change in
the workforce that require the dismissal of an
employee.
●● Where the continued employment of an
These come under the category of some other
substantial reason (SOSR) dismissals.
employee in a post they occupy would be in
contravention of a statutory enactment. For
example, where a driver has been banned from
driving (where driving is an essential part of the
post).
●● Where an employee has a sentence of
imprisonment imposed on them and the matter
did not fall within the remit of the Disciplinary
policy.
●● Where there is a serious breakdown in a
relationship between two (or more) employees
which is not due to conduct and/or performance
and all reasonable steps to avoid moving
towards dismissal have been considered e.g.
agreement to transfer / redeployment by one of
the parties.
And
●● Some other substantial reason (to be defined in
each instance) not specified above.
3
People Policies Some Other Substantial Reason for Dismissal Manager Guide
Employee’s responsibilities
Manager’s responsibilities
●● Attend the dismissal hearing (with trade union
●● As a line manager you are responsible for the
representative or colleague if desired).
application of this policy in your work area.
●● If appealing the decision, the appeal must be
●● Seek advice from the HR Advice Centre before
lodged within five working days of receiving the
formal outcome of the hearing.
following this procedure.
●● Issue employee with a written invitation to
●● The employee is expected to move into an
attend a hearing, providing your reasons
for their potential dismissal, with at least
five working days’ notice. Include any
documentation which reference will be made to
at the hearing.
alternative post if one is offered, even if they are
appealing against their dismissal, unless there
are exceptional circumstances.
●● Specify the grounds of their appeal, including
whether it relates to the facts of the case, or the
way the procedure was followed.
●● Advise the employee of their right to be
accompanied by a trade union representative or
colleague.
●● Show that the substantial reason is a fair one.
●● Confirm the outcome of the hearing in writing
within five working days.
●● If you dismiss the employee, you must give
them notice in accordance to their contract of
employment.
●● The manager is responsible for the application of
this policy in their work area.
Trade union representative’s role
●● To provide advice and support to members
●● To attend hearings, and if unable to attend, find
a suitable alternative date or a replacement
representative.
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People Policies Some Other Substantial Reason for Dismissal Manager Guide
Process
1 If formal action under the above also includes
disciplinary issues, you must use the dismissal
provisions of the Disciplinary policy.
5 If you dismiss the employee from the council,
you must give them their contractual notice
in accordance with the provisions of their
contract of employment. In all cases, confirm
the outcome of the hearing within five
working days.
2 You must issue the employee with a written
invitation to a hearing, providing the reasons
for their potential dismissal, with at least five
working days’ notice. You must include any
documentation which will be referred to at
the hearing. An HR Advisor must be present to
provide advice to the manager considering the
case.
6 The employee may lodge an appeal against
their dismissal within five working days of
receiving the formal outcome of the hearing. If
the employee has less than one year’s service
with the council the appeal will be heard by
another manager within the directorate, at
either an equivalent or more senior level. If the
employee has more than one year’s continuous
service with the council the appeal will be
heard by the Employee Appeals Committee.
3 The manager conducting the hearing must
have delegated authority from the relevant
officer to dismiss. These are;
●● Authorisation level for grades BG 16 and
higher: Service Director
Exclusions
●● Authorisation level for grades BG 10–15:
Service Manager
●● Employees whose employment is terminated
●● Authorisation level for grades BG 1–9:
within or at the completion of their
probationary period.
4th Tier Manager
4 At the end of the hearing, if the decision is
made to dismiss the employee, you may:
●● Employees on temporary or fixed term contracts
are dealt with separately in the Fixed Term
Contract Guidelines.
●● Dismiss them from their existing post and
offer them re-employment in a different
post at the same grade, or at a lower grade
without pay protection. The alternative post
will be identified at the time of the outcome
of the hearing and this may require the
proceedings to be delayed, or (if appropriate)
during your employee’s notice period. If your
employee rejects the alternative job offer,
the original SOSR dismissal will stand.
Or
●● Dismiss from the council.
5
People Policies Some Other Substantial Reason for Dismissal Manager Guide
Additional guidance and support
This policy provides you with an overview of the purpose of the policy and the roles and
responsibilities of those for whom it is intended. It also provides guidance in the Process
section on the application of the policy. There are other documents which provide more
detail and helpful guidance that should be read in conjunction with the policy and these
are listed below.
Associated policies
Managing Change policy
Fixed Term Contract Guidelines
Improving Performance policy
Supporting Attendance Policy
Disciplinary policy
Some Other substantial Reason for Dismissal
Employee guide
6
Author and owner: Human Resources
Contact: [email protected]
0117 35 21400
Date adopted: 03 November 2014
The audience of this document is made aware that a physical copy may not be the latest available version.
The latest version, which supersedes all previous versions, is available on The Source.
Those to whom this policy applies are responsible for familiarising themselves periodically with the latest version
and for complying with policy requirements at all times.
History of most recent policy changes – must be completed
Version
Date
Change
V.1.00
24 July2014 Re-formatted policy
7
Design by Bristol Design, Bristol City Council. (BD5833-1)