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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 45392
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been in my job years a consultancy. Where I work on

Customer Question

Hello.
I have been in my job for 5 years a consultancy. Where I work on client sjte.
Things have been fine up until I moved to this particular client 2 years ago.
An employee of the client has had it in for me and has made my life hell.
I have had constant complaints against me and all of them are unfounded . Rececently my company has had enough and told my i can go gracefully. So they have agreed to keep me employed up until November the. I will be given a discretionary payment t off less than a months pay. The discretionary part concerns me the most and I will get a good reference.
I think this offer is frankly crap as it doesn't guarantee the discretionary payment and they are into keeping me on until November because it is a busy period so they are not doing me any favours here.
What do you think my options are. I think I should contact a hr lawyer.
Thank you
Submitted: 7 months ago.
Category: UK Employment Law
Expert:  Ben Jones replied 7 months ago.
Hello are you an employee or self employed?
Customer: replied 7 months ago.
Hi. Thanks for getting in touch.I'm an employee of the consultancy.I understand their situation is difficult with their client complaining about me but the offer to leave just seems like given how long I have worked there.
Customer: replied 7 months ago.
Just seems poor
Expert:  Ben Jones replied 7 months ago.

Thank you. There are circumstances when an employer may feel forced to move or even dismiss an employee because of pressure from a third party. This pressure may come from a valued customer or from another third party that has a degree of influence over the employer, such as a supplier, the landlord of their premises, etc. Such a dismissal can be deemed fair because it would amount to 'some other substantial reason' (SOSR), which is one of the potentially fair reasons for dismissal allowed under the Employment Rights Act 1996.

It is generally accepted that the reason behind the third party's request is irrelevant and there is no requirement on the employer to establish the truth behind the allegations. What really matters is the how important the third party's continued business is to the employer and what risks there are to that relationship if the employer does not act as per the request.

For example, in the case of Dobie v Burns International Security Services, Mr Dobie was a security guard working for a contractor who supplied security staff to a Council. Friction developed between a senior Council employee and Mr Dobie, with the Council demanding his removal from their site. His employer eventually dismissed him. He made a claim against his employer, however he lost with the decision being that third party pressure to dismiss can amount to a fair reason for dismissal.

Employers must still act reasonably when dismissing, in accordance with established employment principles and would 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 because dismissal should only be seen as a last resort. However, in principle, such dismissals can be fair.

What we then have to consider is whether what they are paying you is what you would be legally entitled to. They should pay you the contractual notice you are entitled to (which cannot be less than 5 weeks), plus any accrued holidays. No redundancy pay would be due here because the reason for dismissal is not redundancy. So even I the offer on the table is poor, as far as it is the legal entitlement due, it wold not be wrong of the employer to make it. Anything on top would be discretionary. You may nevertheless try to push for more and there are other options to do so once your employment has terminated.

This is your basic legal position. I have more detailed advice for you in terms of the negotiating options I mentioned and how to invoke them, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 7 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 7 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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