Does the ACAS Code apply to SOSR?

Two recent rulings of the Employment Appeal Tribunal (EAT) have clarified the application of the Acas Code of Practice on Disciplinary and Grievance Procedures, by confirming it does not apply to genuine ill-health dismissals or dismissals for “some other substantial reason” (SOSR) due to a breakdown in the working …

What does SOSR mean in HR?

Some other substantial reason (SOSR) is a broad term an employer may use to apply to a dismissal that does not neatly fit into one of the other justifications.

What is an SOSR dismissal?

What does SOSR mean? SOSR is basically a catch-all, acknowledging that there may occasionally be reasons why it is justifiable and necessary to dismiss an employee in circumstances which don’t fit neatly under one of the other potentially fair categories.

Can I be sacked without a written warning UK?

“Can I be sacked without a written warning (UK)?” It’s a common question from employees—and the answer is yes. For employers, summary dismissal is where a staff member departs from a business due to an act of gross misconduct. Displaying that you do have fair reasons for the dismissal.

Can you appeal SOSR dismissal?

An employee has no statutory right to appeal against an SOSR dismissal. However, you should still give the employee an opportunity to appeal as part of an overall fair dismissal procedure.

Can you appeal SOSR?

The Employment Appeal Tribunal has ruled that an employee who was sacked due to concerns about his immigration status should have been given a right of appeal.

Is SOSR dismissal with notice?

Whatever the circumstances, an SOSR dismissal should always be on notice (or pay in lieu of notice – it will have to be pay in lieu of notice in suspected illegal working cases), whichever is the greater of the contractual notice period or the statutory minimum notice period.

Is it better to resign before being dismissed UK?

It’s theoretically better for your reputation if you resign because it makes it look like the decision was yours and not your company’s. However, if you leave voluntarily, you may not be entitled to the type of unemployment compensation you might be able to receive if you were fired.

Can you get sacked for slagging off your boss UK?

At the heart of the relationship between employer and employee is the duty of mutual trust and confidence. Therefore, if you make disparaging remarks about your employer, you could face disciplinary action or even find yourself dismissed for a serious breach.

Can you appeal an SOSR dismissal?

You don’t need to amend your documents. As granting a right of appeal against dismissal is part of an overall fair dismissal procedure in most cases, our Confirmation of Dismissal for Some Other Substantial Reason grants the employee a right of appeal in all SOSR dismissal situations.

Why did ACAS Code not apply in SOSR case?

The tribunal had not expressly ruled whether or not the Code applied to a dismissal for SOSR, but decided that it should not be applied in this case since L had contributed to his own dismissal. The EAT considered that, despite his behaviour, it was not L’s fault that the ACAS Code had not been followed.

Why was SOSR used as a reason for dismissal?

The employer relied on SOSR for the reason of dismissal. The tribunal found that SOSR had been established.

What does some other substantial reason or SOSR mean?

Some other substantial reason or SOSR is a potentially fair reason to dismiss an employee and as you can probably tell by the words ‘some other’ it is designed to cover those scenarios that may not already be covered by the other 4 potentially fair reasons (conduct, capability, redundancy and illegality).

How does the ACAS Code apply to redundancy dismissal?

The ACAS Code does not apply to redundancy dismissals or the non-renewal of fixed term contracts. The ACAS Code sets out six elements to a disciplinary or grievance process: Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions;