WRC Finds Dismissal Unfair Despite Client Removal Request

The Respondent sought to rely on the ‘some other substantial ground’ defence to an unfair dismissal claim when its main client requested that the Complainant be removed from the work site on an indefinite basis.

Situations like this can create real difficulties for Organisations, especially where an Employee carries out most or all of their work at a client’s premises. Employers are put in a particularly difficult position when a client requests that an Employee no longer work on their site even if there has been no issue with the Employee’s conduct or performance.

In this particular case, the Adjudicator pointed to caselaw demonstrating that Employers who find themselves in this position still owe duties to their Employees. As the Respondent in this case failed to advocate on behalf of the Employee and request detail of their client’s reasoning for seeking the Complainant’s removal, the Adjudicator made a finding of unfair dismissal. The Respondent failed to submit any evidence showing that it sought to influence the client’s assessment of the situation or advocate on behalf of their Employee.

Organisations that find themselves in this difficult position are advised to seek professional advice before confirming how to proceed.

To learn more about partnering with Adare Trusted People Partners’ Leading HR & Employment Law Experts, please contact Neil McCormack nmccormack@adarehrm.ie today.