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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50487
Experience:  Qualified Solicitor
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In a SOSR case involving third party pressure, am I able to

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In a SOSR case involving third party pressure, am I able to hold the third party to account if they have not followed their procedures who do apply to not directly employed workers?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What procedures specifically are you referring to please?

Customer: replied 4 months ago.
The prison service has a policy outlining how to go about excluding a not sure got employed worker, but in this case they didn't follow it. I have a letter (not the template one) and after a SAR found no other info at all from MoJ, so if they haven't excluded me properly, am I actyally excluded? Can I take this further?
Customer: replied 4 months ago.
A not directly employed worker* sorry

How long did you work there for?

Customer: replied 4 months ago.
Only a few months, not 2 years, but they're not the employer either

so have you actually been dismissed by your employer?

Customer: replied 4 months ago.
for SOSR, they haven't followed their procedures particularly well either
Customer: replied 4 months ago.
If I go to tribunal with the employer, can I ask for reinstatement if the third party exclusion was unreasonable?
Customer: replied 4 months ago.
I have 6 years continuous service with the employer

Do you mean reinstatement to the place where the procedures were not followed? Also were there no other options to move you to for alternative work?

Customer: replied 4 months ago.
I loved the job, even now is prefer to go back if it's an option. I'm not aware that my employer considered alternative work even tho I know other posts we're vacant

It is going to be highly unlikely that you can get reinstatement to this place of work without the third party’s consent. Your employer cannot change that - they have to follow the third party’s wishes, even if they are unfair or based on incorrect information or as a result of a wrong procedure being followed. If they do not want you on their premises then there is nothing the employer can do.

Also you are not going to be able to make a claim against that third party. You have no employment or contractual relationship with them. Your rights will be fully against your employer. Whilst they cannot be held responsible for the third party’s decision or failure to follow procedure, you can pursue them for their own failures only, such as for example not following dismissal procedures correctly at their end or not looking for alternative employment if that was going to mean you did not have to be dismissed.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Customer: replied 4 months ago.
Ok, thank you

you are welcome and all the best