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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38346
Experience:  Expert in UK Employment Law
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Hi Ben I have been employed by my primary company for 12 years

Resolved Question:

Hi Ben
I have been employed by my primary company for 12 years who took me to a third party company where I have work for 12 year with a clean record. But I was disseised last week for having a CCJ which has already been paid since 2010 while I was still working.
Now my primary company gave me list of jobs and said with in two weeks if I did not applied they will also dismiss me.
Can I appeal for the third party dismissal.
Or should I applied the jobs but the issues is they are Zero hours unlike my current contract. Can you advice please
Submitted: 10 months ago.
Category: UK Employment Law
Expert:  Ben Jones replied 10 months ago.

Ben Jones :

Hello, so were you effectively on a secondment with the other company? Before this happened were you told what would happen when you eventually returned to your primary employer in terms of jobs with them?


 

Customer:

No my primary company is a security firm so they had a contract with the third company to be providing them employees to work

Customer:

I was told yesterday that I can only be paid by my company for two week if they cannot fine me a job they will sack me too

Customer:

Ben any reply to my question

Ben Jones :

Hello sorry I was offline by the time you had replied. I am still a bit unclear on the employment arrangement - so you were employed by the primary company, and remained their employee whilst you were working for the other company? In effect the primary company has always been your employer but they just placed you to work on the premises for the other company? That company has now asked that you are removed from their premises and can no longer work for them so your primary employer does not have anywhere else to place you, is that correct?


 

Customer: Yes but my primary company gave me options to apply for jobs they gave me and most of them are not suitable compare to my current tearms of emploent. Also they gave me two week that unless I take one of them otherwise they will dismiss me as well. What can I do
Ben Jones :

In some circumstances an employer may feel forced to dismiss an employee because of pressure from a third party. This may come from a valued customer or from a third party who has a degree of influence over the employer. In such circumstances, one of the potentially fair reasons for dismissal, ‘some other substantial reason’ (SOSR), is often relied upon as the reason for dismissal.


 


In the case of Dobie v Burns International Security Services a County Council had a contractual right to approve or disapprove the employment of security staff provided by a contractor. Friction developed between a senior Council employee and Mr Dobie, who was employed by the contractor. He was dismissed as a result and subsequently brought a claim for unfair dismissal. However, the courts ruled that third party pressure to dismiss can amount to a fair reason for dismissal.


 


In such circumstances the employer does not have to establish the truth of any allegations made against the employee or agree with the request to dismiss in order to justify the dismissal as being fair.


 


Courts will accept customer pressure as SOSR if the evidence points to an ultimatum having been served on the employer. However, there does not have to be a direct instruction to dismiss, if the effect of the pressure amounts to the same thing. All that is needed is to show that some pressure was exerted by the third party.


 


Employers must still act reasonably when dismissing, in accordance with established employment principles and would still need to undertake some form of investigation and hold a dismissal meeting. They should also consider whether there is any other alternative employment that can be offered to the employee instead of dismissing them. In principle, however, such dismissals can be fair.


 


So in your case you must consider the options given to you by the employer. If that is all that is available but they are not suitable then I am afraid the options are just two - accept what is on offer, or reject it subject to potential termination.

Ben Jones :

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Customer:

Can I formally appeal the thirty party decision in the sense that I did not know about the CCJ, and the fact that it has been paid more than three year which I have the evidence from the court itself. At the same time applying for the optional jobs that they issued me?

Ben Jones :

you cannot formally appeal directly to the third party, well you can but they do not have to consider your appeal, so you can only really appeal to your employer who can then challenge the third party if necessary.

Ben Jones :

But case law is quite clear that the employer is not expected to formally challenge them for you

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

Ben Jones, Solicitor
Satisfied Customers: 38346
Experience: Expert in UK Employment Law
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