Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
Twenty one month
Do you remember your exact start date as that will be relevant?
Is the other person facing dismissal too?
Yes but they haven't spoken to him as they don't know who he is.I work in shipyards and it's a big place.I'm a sub contractor and he is to with a different employer
So are you an employee of the company or do you work on a self employed basis?
I am an employee of purl I am full time but we ate subcontracted to bae systems in govan Glasgow
is your employer taking action because of a complaint by their client BAE?
My company are not sacking me.Nae systems are terminating my employment in their shipyard.which means I will probably be sacked by my own employer
Ok you will not have employment rights against the client BAE – they are not directly employing you, they are simply subcontracting your services and regardless of whether you were guilty or not, they have the right to remove you from their site if they wanted to. Your rights will be against your employer, with which you will have an employment contract.
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.
If you are dismissed, you will be able to challenge this if necessary by making a claim for unfair dismissal in the employment tribunal – you have 3 months from the date of dismissal to do so.
Should I ask my own company if they intend to sack me? They seem to be backing up my story,as they trust me.
you may do so - if they want to they will have to take you through a formal disciplinary hearing anyway so you will know if that is an option anyway. You could try and speak to them and be honest about what happened - they may not be able to send you back to that workplace but they may have something else for you
Thanks vendor your answers.great response.my only query is I'm being charged twice for your answers.it's only supposed to be ,£11 not £22.can u rectify this for mebefore I make payment
Can you please clarify where you saw the £11 please so I can take this further with the relevant team - the value you had selected for the query was £22, which reflected the level of advice provided, thanks
I put down low on your reply which was £11for you answer
Low Urgency and Low Detail would likely be £11 but you had Low Urgency and Medium Detail
But I will submit your request to customer services
Sorry Ben pressed wrong rating. I have now rectified that by pressing excellent service.have a nice day
No problem, thank you and all the best
Hi Ben, I was talkin to u last week regarding being assaulted in work and being in front of a disciplinary meeting this Wednesday.it has now come to my attention that the guy that punched me cannot be found and I am the only one that is facing being put out of a job on wed as I told my emplo that I was arguing with him.any advice for Wednesdays meeting
Can they say they have held a reasonable inveastigation even if they can't find the other person involved. Also is my own employer responsible for finding me alternative work at another of their basis. If they sack me do I have a claim for unfair dismissalagainst them
Do they have to give me a reason for sacking me on Wednesday
I was at odds when they said I had done nothing wrong,and they said they tried to get me a position somewhere else. Yet today they said I was getting sacked on Wednesday. Find it very strange. There are no witnesses whatsoever saying anything me.
Ok thank you Ben.I'll let you know outcome on Wednesday