Third Party Pressure Policy

Purpose

 

The purpose of this policy is to provide Managers with the appropriate guidance around where a client may express an objection – warranted or not – to a Wilson Vale Catering employee(s) continuing to deliver a service at their site(s). This could include a request such as the removal of the employee(s) from their site(s) completely.

This policy does not form part of an employee’s contract of employment and Wilson Vale Catering may amend this policy at any time.

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Introduction

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This policy applies to all Wilson Vale Catering employees and is designed to address any requests from clients to remove an employee from their premises either temporary or permanently. As part of the commercial contract between Wilson Vale Catering and our clients, the client has the contractual right to request the removal of an employee.

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The Process

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When Wilson Vale Catering receives notification or a request by a client stating that they no longer wish for one of our employee(s) to continue working at their site(s), there are a few key initial considerations that must be made:

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• If there is a request for removal, discuss with the client their reasonings behind this and see if an agreement can be reached on how this can be addressed informally in the first instance.

• Make reasonable attempts to encourage the client to reconsider.

• Explore whether the employee(s) can be moved to another site. Can resources be reviewed to allow the employee to be redeployed elsewhere in the wider business?

 

Dismissal on the grounds of third-party pressure under Some Other Substantial Reason (SOSR) should be considered as a last resort. This should only be considered once all other alternatives have been explored and exhausted. The Manager must ensure that sufficient supporting evidence is gathered and documented to demonstrate that dismissal was considered as the last resort.

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• Document every stage and keep an audit trail of all communications, whether written, via email or verbally by keeping file notes. This especially includes the initial request from the client, we can insist that this is put in writing. Where this is not possible, Wilson Vale Catering will write to the client to confirm that the request has been made and what action is being taken because of the request.

 

Suspension

 

Where there has been a client request for an employee(s) to be removed from their site(s), they may insist that the employee is removed with immediate effect, even prior to an investigation having been conducted. In such cases, this should be challenged with the client with an aim of reaching agreement that any removal is delayed until the facts have been established, unless of course it would be our decision to remove the employee(s) due to allegations warranting suspension as per the Wilson Vale Catering’s Disciplinary Policy. Any suspension will be paid in line with the employee’s normal terms and conditions. If agreement cannot be reached with the client, redeployment to another site as an interim measure should also be considered prior to suspension.

 

Investigation

 

Any issues raised should be discussed at length with the client in order to fully understand all of the details and to determine whether there is a requirement to investigate and if so, the scope of this. The relevant facts should be firmly established by conducting a thorough and reasonable investigation and the process should be concluded with the minimum of delay. Confidentiality will be maintained, as far as reasonably practicable, during the investigation and throughout the disciplinary process, should this be initiated.

 

Client Request

 

Where there has been no decision to progress through Wilson Vale’s disciplinary process, or if the employee(s) is currently suspended and the investigation findings do not warrant this, the client will be asked to reconsider their decision for the removal repeatedly throughout the process.

 

Initial Third-Party Removal Meeting

 

If the client continues to refuse the request to reconsider, then the employee should be invited to a third-party removal meeting.

 

In the letter inviting the employee to the meeting, the employee should be provided with as much detail as possible regarding the details of the removal request, and that the potential outcome of the process may be dismissal with notice on the grounds of third-party pressure under Some Other Substantial Reason (SOSR), should the client continue to refuse the request to reconsider and alternative redeployment ( suitable alternative role) within the wider business is not sourced.

 

They must also be provided with copies of any documentation that will be used during the meeting. A minimum timescale of 48 hours between the employee receiving the letter of invite and the start of the meeting is normally recommended to allow the employee reasonable time to prepare.  

 

The objectives of this meeting include:

 

• To explore further the facts relating to the alleged misconduct put forward by the client.

• To summarise to the employee the process so far and what communications have been made with the client (as far as reasonably practicable in line with confidentiality).

• To give the employee the opportunity to put forward their case and to present any relevant mitigating circumstances.

• To discuss with the employee potential redeployment opportunities and what steps both parties should take to find alternative employment.

• Outline the next steps.

• Be clear on the potential outcome of the process, which may be termination of employment.

 

Right to be Accompanied

 

The employee will have the right to be represented by a work colleague or a Trade Union representative at this meeting. The employee must inform the Manager who the representative is in sufficient time prior to the hearing. If the representative is unavailable at the time a hearing is scheduled and will not be available for more than three working days, the employee may be requested to choose another representative.

 

A representative may make representations, ask questions, and sum up an employee’s case, but cannot directly answer questions on an employee’s behalf. The employee may confer privately with their representative at any time during the hearing. In instances where an employee has a disability, reasonable adjustments can be made including allowing someone else to attend such as a support worker or someone with a knowledge of the disability and its affects.

 

Rearrangement of a Meeting

 

If the employee or representative cannot attend a meeting, the employee should inform the Manager conducting the hearing immediately to allow for this to be re-arranged.

 

Employees must make every effort to attend a scheduled hearing. If the employee fails to attend without good reason or are persistently unable to attend, it may be decided to proceed with the meeting in the absence of the employee and a decision can be made based on any available evidence at that time. Typically, the guidance is that a formal meeting will be rescheduled a maximum of two times.   Alternatively the hearing may be conducted online via Microsoft Teams or Zoom.

 

Should an employee be signed off absent during this process, then the intention will be for the process to continue and for this to be conducted in agreement with the employee as fairly as possible, by making any reasonable alternative arrangements for the hearing as stated above.

 

If an employee continuously refuses to attend the hearing, then the Manager may decide based on the evidence available to them at the time, with the outcome being communicated to the employee in writing. A decision may also be taken to refer the employee to Occupational Health to ascertain whether they are fit to attend a meeting.

 

Suitable alternatives

 

Wilson Vale Catering is committed to preserving employment for all employees and as such, in the event of a third-party removal request, where there are no issues of misconduct which would result in disciplinary action. All reasonable steps will be taken to find alternative suitable employment for the affected employee.

 

Final Third-Party Removal Meeting

 

This meeting will follow the same process as summarised above regarding the initial third-party removal meeting. However, the purpose of this meeting will be to confirm the final outcome of the process, the potentials of which have been summarised below:

 

• Redeployment - where alternative employment has been found, the employee will transfer into the new role at the earliest opportunity, maintaining their continuous service.

• Dismissal - where the client has been unable or unwilling to reconsider the decision to remove the employee from site and no alternative employment has been found, the employee will be dismissed on the grounds of third-party pressure under Some Other Substantial Reason (SOSR). The employee will be advised in writing of the reason for the dismissal, the date on which the employment will terminate, and the right of appeal available. Notice may be paid in lieu in accordance with the terms and conditions of the employees’ contract of employment. In addition, and in accordance with the terms and conditions of the employee’s contract, the company also reserves the right to place the employee on garden leave during the notice period or require the employee to take outstanding annual leave as part of the notice period.

 

Right of Appeal

 

The employee has the right to appeal against the dismissal decision. At the time of notification of the dismissal the employee will be advised of the name of the person to whom the appeal may be made. Should the employee wish to appeal they must set out the grounds for the appeal in writing and send them to the person hearing the appeal.

 

Any appeal must be made and received by the company within five working days of receiving the written outcome of the dismissal. On receipt of the appeal, the employee will be notified in writing of the date of the appeal hearing.

 

Any additional evidence and mitigation which the employee puts forward in support of the appeal will be conscientiously considered. All relevant facts will be fully reviewed before a final decision on whether to uphold the decision is made. However, it must also be noted that in circumstances such as third-party removal requests, the ultimate outcome is very much influenced by the client.