If you’re an HR professional, chances are you’ve encountered 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 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 this means for HR

This case offers a useful roadmap for HR professionals navigating similar situations.

  • Document the breakdown: It’s not enough to simply ‘feel’ the relationship is strained. The employer in Alexishad clear evidence showing the working relationship had deteriorated beyond repair.
  • 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, articulate it clearly and back it up.
  • No need to jump through hoops: Unlike conduct or capability dismissals, you don’t need to go through performance plans or offer alternative roles if the relationship with the employer as a whole (rather than just with certain individuals) has truly broken down – provided you can show that’s the case.
  • Communicate sensitively: A relationship breakdown can feel personal. Approach these conversations with empathy and professionalism.
  • Don’t forget notice pay: Dismissals for SOSR are with notice. 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).

Where the employment relationship has run its course, dismissals for SOSR are a lawful and practical option. As always, a fair process, good records, and respectful dialogue are your best protection.