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UNFAIR DISMISSAL : Removing contractors at a client’s request

29 March 2013  

In light of a recent ruling, Julian Yew and Jon Heuvel consider whether it is fair to dismiss an employee at the behest of a third party

Dismissals resulting from a demand by a third party can give rise to a wide range of issues. There are many different reasons why a third party may seek to enforce a right not to have one of the employer’s staff working on its premises or on its contract. The reasons given may justify a dismissal for ‘some other substantial reason’ (SOSR) under s98(1)(b) Employment Rights Act 1996 (ERA) or the dismissal may be unlawful or discriminatory under ss41, 111 and 112 Equality Act 2010.

 

Additional Info

  • Case(s) Referenced:

    Bancroft v Interserve (Facilities Management) Ltd [2013] UKEAT/0329/12/KN

    Dobie v Burns International Security Services (UK) Ltd [1984] ICR 812

    Greenwood v Whiteghyll Plastics Ltd [2007] UKEAT/0219/07

    Henderson v Connect South Tyneside Ltd [2010] IRLR 468

    Petrofac Offshore Management Ltd v Olley & ors [2005] UKEATS/0031/05 and UKEATS/0032/05

Last modified on 15 January 2016