Dismissals due to third party pressure

Third-party pressure can sometimes justify a fair dismissal, 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] AER 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) and if that fails, looking for alternative work, in its business or with an associated employer (Henderson v Connect South Tyneside Limited [2010] IRLR 468). In Bancroft, the EAT criticised Interserve for failing to intervene much earlier to support their employee.