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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47420
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My partner is currently working 2015 as a security

Resolved Question:

My partner is currently working for England 2015 as a security adviser, in his contract like everyone else's states no wives or girlfriend can visit the hotel and in doing so he will be fired, now I understand this however all managers and team members have been doing this and this rule is only being enforced on my partner which means it is only myself not allowed on site and if I do he will be fired, I may add this is a public hotel which anyone can book.
Is this some form of harassment to myself and some form of victimisation on my partner and can this be done?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Is he working through an agency?
Customer: replied 1 year ago.

He is a sub contractor

Expert:  Ben Jones replied 1 year ago.
His rights would be rather limited in this case unfortunately. As a sub-contractor (i.e. not an employee) he does not have any protection against unfair dismissal. Therefore, the employer could decide to dismiss him for more or less any reason and without having to show that they had acted fairly or correctly. So if he has broken this rule, regardless of the fact that everyone else has been allowed to breach that rule, he could still be dismissed.
This is also not harassment or victimisation or discrimination, not legally anyway. Of course there is nothing stopping you from staying at the same hotel because you could decide to go there personally and they cannot stop you to, however if they find out he could still lose his job because he has breached this specific rule.
Therefore, to be safe he should try and not have you stay there, even if legally you cannot be prevented to. However, even if you go there and exercise your right to stay there, that does not prevent the employer from terminating his contract. So there will always be a risk if this rule is broken.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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