NIS10L03 – Letter confirming dismissal for some other substantial reason

This letter confirms the dismissal of an employee for ‘some other substantial reason’. The potentially fair reasons for dismissal are capability; conduct; redundancy; contravention of a statutory duty or restriction; or, if none of these apply, “some other substantial reason of a kind such as to justify the dismissal of an employee holding a position which the employee held” can be used. In any case, employers should not take this decision lightly and must follow the stages of a fair procedure, including investigation of all of the circumstances, a formal hearing, right of representation and right of appeal. Employees can still claim unfair dismissal (subject to the qualifying criteria) for dismissals by way of ‘some other substantial reason’.
Employers are urged to take specific legal advice in relation to dismissals for SOSR.