Third party pressure

Third party pressure can sometimes justify a fair dismissal for SOSR, especially if the third party is the only or main client (Martin v JF X-Press EAT 0010/04, Greenwood v Whiteghyll Plastics Limited [2007] All ER 111).

A dismissal is likely to be unfair if the employer cannot show that it took all reasonable steps to mitigate the effects of the client’s demands, by trying to persuade the client to change its mind (Bancroft v Interserve Facilities Management Limited [2012] UKEAT 0329/1312).

Employers must also look for alternative work for employees at risk including opportunities with an associated employer (Henderson v Connect South Tyneside Limited [2010] IRLR 468).