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30 October 2009 / Elliot Gold
Issue: 7391 / Categories: Features , Employment
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Not in my name

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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

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