Dismissal by third-party order

Case 3: The facts

Thomas Martin was a driver delivering documents for his employer's only client, Hays. Hays complained about Martin failing to carry out deliveries, and said they did not want him to deliver for them any more. No other jobs were available for Martin, and his employer dismissed him for "some other substantial reason".

The ruling

The Employment Appeal Tribunal held that the dismissal met the test of reasonableness and so was fair, even though it had resulted in injustice to Martin. The company had investigated the complaints and tried to change Hays' mind.

The fact that Hays were the company's only client and that they were in the process of negotiating a new franchise made the decision to dismiss reasonable.

Martin v JFX-Press EATS/0010/04