I occasionally have to represent people fired after a 3rd party client complaint. This is highly suspect and is likely to be an unfair dismissal. There is quite a lot of case law. Of course, legal enforcement of employment rights is retrospective and only available to those with two years employment longevity, but during the last case I had, I discovered an article at Personnel Today which among other things lists five legal precedents. Employers must act with regard to avoiding injustice for their employee, they must investigate the complaint and look to offer alternative employment.
The Employment Rights Act prohibits unfair dismissal and firing people because your customer’s don’t like them is not considered fair. It concludes,
In summary, employers should be aware that they cannot simply dismiss an employee following a removal request by a third party and assume that is the end of the matter. Tribunals will consider any failures to mitigate the injustice to an employee and, in appropriate cases, will be looking for employers to show that they pulled out all the stops to avoid dismissal.
Keywords: “unfair dismissal”
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The featured image was found using google and is posted at People’s Law School (peopleslawschool.ca) which seems to be a Canadian or BC version of our Citizen’s Advice Bureau. A reasonable search for the copyright terms has been made.
Posted: 17th May 2021