This blog highlights that there can be times when an employer can just bring the relationship to an end, by way of dismissal, and it can be fair!
We have all seen this in the workplace; a situation where a working relationship just isn’t working anymore. Maybe communication has collapsed. Maybe trust has evaporated. Maybe no one’s technically done anything ‘wrong’ but things have reached a point where moving forward together feels impossible. So, what do employers usually do then?
As the recent case of Alexis v Westminster Drug Project reminds us, employment law does recognise that not every dismissal fits neatly into categories like misconduct or poor performance. Sometimes, things break down – and that, too, can justify a fair dismissal. But only if you go about it the right way.
One of the five recognised ‘fair reasons’ for dismissal under the Employment Rights Act 1996 is some other substantial reason (SOSR). It’s the legal category for situations that don’t fall under misconduct, redundancy, capability or breach of a statutory duty, but still justify dismissal. And one key example? An irretrievable breakdown in the employment relationship.
Case spotlight: Alexis v Westminster Drug Project
In this case, Ms Alexis was unsuccessful in securing a role after a restructure and raised multiple grievances over the process, arguing her dyslexia hadn’t been accommodated. When her grievance and subsequent appeal were dismissed, she continued to send repeated correspondence. Eventually, her employer called a meeting to consider whether her continued employment was workable. They concluded that trust and confidence had broken down and dismissed her for SOSR.
The EAT upheld the dismissal. Here’s why:
The employer had reasonable grounds for concluding the relationship had broken down.
Where breakdown is the reason, employers aren’t required to consider alternatives to dismissal.
Length of service only needs to be factored in if it’s relevant. In this case, it wasn’t.
What checks and balance must we be on the look out for?
Show caution with this one as this case offers a roadmap for employers navigating similar situations.
Document the breakdown: It’s not enough for your employer to simply ‘feel’ the relationship is strained. The employer in Alexis had clear evidence showing the working relationship had deteriorated beyond repair.
Your employer must be clear about the reason: SOSR is a flexible ground, but it must be specific. Is it breakdown of trust? Refusal to engage constructively? Whatever the reason, your employer must articulate it clearly and back it up.
Your employer dopesn't have to jump through hoops: Unlike conduct or capability dismissals, employers don’t need to go through performance plans or offer alternative roles if the relationship with you has truly broken down – but they must prove that’s the case.
You must be paid your notice pay: Dismissals for SOSR are with notice. Employers make sure notice pay (or payment in lieu) is made, together with payment of any other outstanding sums (including accrued, but untaken holiday and any expenses).