header-logo header-logo

30 October 2009 / Elliot Gold
Issue: 7391 / Categories: Features , Employment
printer mail-detail

Not in my name

Elliot Gold discusses the scenario of dismissal resulting from a request by a third party

When a third party demands the removal of a worker employed by a supplier, both the worker and the supplier enter a type of twilight-zone. It may bring to an end the employment relationship between them but without the safeguards of the normal disciplinary processes.

Both parties may feel hard done-by and the supplier may find itself entangled in a claim for unfair dismissal due to decisions made by the third party that are beyond its control.

Drawing the strands together

The law relating to when such a dismissal will be unfair has bounced around the Employment Appeal Tribunal (EAT) and the Court of Appeal. Emerging from what amounts almost to a daisy chain of cases, each referring to one other, the EAT in Henderson v CST Limited [2009] UKEAT/0209/09/SM has drawn together all the strands, adding a few fibres of its own.

The upshot is that a company supplying its workers to a third party and who

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
Sanctions can derail commercial disputes long before judgment, making early planning essential
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
back-to-top-scroll