Tuesday, 13 November 2007

SOSR abolition petition

The EAT decision in Perkin v St. Georges NHS Trust, strengthens the right of employers to dismiss workers on the grounds of "Some Other Substantial Reason" (SOSR). This decision encourages employers to violate the basic British principles of fairness embodied in British employment and human rights law by discriminating freely, and by intimidating potential "whistleblowers" into silence, whilst citing the competent employee's "difficult" personality. Employers have been able to claim that a "breakdown in working relationships, “caused by" the employee renders a dismissal substantially fair, even where the dismissal has been ruled by a court to have been procedurally unfair (e.g. where the employer is a public body and has violated the employee’s rights under Human Rights Act of 1998). We therefore call for legislation that would remove the vague and easily abused “SOSR” basis for dismissal while retaining the right to dismiss an employee on the grounds of gross misconduct.


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