Redeployment offer after SOSR or statutory bar meeting

Where you’re considering dismissing an employee for some other substantial reason or due to a statutory bar, in some cases you should first explore whether you can offer them alternative employment.

Potentially fair dismissal reasons

Two of the five potentially fair reasons for dismissal are “some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held” (SOSR) and “where the employee could not continue to work in the position which [they] held without contravention … of a duty or restriction imposed by or under an enactment” (a statutory bar).

Reasonableness of dismissal

Even if you can show that SOSR or a statutory bar is your genuine reason for dismissal, whether that dismissal is then fair will depend on whether, in the circumstances, you acted reasonably in treating it as a sufficient reason for dismissing the employee. You must also have followed a fair dismissal procedure, which will involve considering alternatives to dismissal in some (but not all) cases, such as a reallocation of job duties or available alternative employment, even if this might involve some retraining by the employee. Alternative employment won’t be possible though where a statutory bar means the employee can’t do any kind of work for you, e.g. they’ve lost their right to work in the UK.

Fair dismissal procedure

A fair dismissal procedure will vary depending on what the SOSR or statutory bar is and the particular facts of the case. As a minimum though, you should investigate the issue, fully consult with the employee and involve them in your decision-making process. Before taking any final decision to dismiss, you should also hold a formal meeting with them – see our Notification of Potential Dismissal (SOSR or Statutory Bar). If, as a last resort, they are to be dismissed, you can use our Confirmation of Dismissal for Some Other Substantial Reason or Confirmation of Dismissal due to Statutory Bar to confirm your decision in writing and the reasons for it.

Redeployment letter

Where you’re in a position though to offer the employee available alternative employment, even if it’s on a lower salary or less hours, you can use our Redeployment Offer after SOSR or Statutory Bar Meeting to offer them redeployment as an alternative to dismissal. We’ve assumed you’ll include a job description for the new role and two copies of an updated employment contract (or written statement of employment particulars) with the letter. Your redeployment offer might be on a temporary basis only in some circumstances, e.g. the employee has been banned from driving and redeployment is only for the duration of the ban, so our letter covers that option. If the employee wants to accept your offer, they’re asked to sign and return one copy of the updated contract to you. If, however, they refuse your offer, our letter warns them that the result is likely to be their dismissal. You will need the employee’s express consent to redeploy them.