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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Is the manager employed by the same employer as you or are they our employer's client?I am just going offline unfortunately but will pick this up first thing tomorrow if that is ok, thanks
The Centre Manager is employed by the Company who run the centre.
Good morning and thanks for your patience. From what I understand you are contracted to work at the centre, which is using your employer’s company to provide security services. The centre has its own manager, which is the root of the problems, but they are not actually employed by the same company as you.
If I have understood this correctly, then there will be some hurdles to go through in this situation because you cannot really claim for constructive dismissal or bullying as they are not in the same employment as you. Had this been a colleague that was employed by the same employer as you, then you could have considered these routes but as they are not working for the same employer, that would not be possible.
As far as the law stands, 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 taking action, in accordance with established employment principles and would need to undertake some form of investigation and hold a formal 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 because they are not driven by the employer, but by a third party that the employer cannot influence the decision of. So consider all of the above when deciding on what you need to do next and how to handle this situation. I can answer any further questions you may have.