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Dismissals at the request of a third party

Government pressure for the founder of Britain’s most high profile children’s charity to stand down as Chief Executive illustrates the weight that third party pressure plays in making dismissal decisions within the work place.

Government officials have apparently been increasingly concerned about the way ‘Kids Company’, which specialises in support for vulnerable and deprived children, has been run by Camila Batmanghelidjh who founded the charity in 1996. This had led to pressure on the charity to find itself a new Chief Executive or face losing the Government’s £5 million annual funding on which it heavily relies. The revelation that the Government would be withholding public funding from the charity and a great deal of adverse press coverage, resulted in the announcement of Camila’s planned resignation as Chief Executive after nearly 20 years.

Under Section 98 of the Employment Rights Act 1998 employers have five potential fair reasons for dismissal: (1) conduct; (2) capability; (3) redundancy; (4) breach of statutory restriction; and (5) “some other substantial reason of a kind as to justify the dismissal” (SOSR).

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Andrew Chamberlain

Partner - Head of Employment & Chair of the SDE

I am a Partner, the National Head of the Employment Team and the Chair of the Service Delivery Executive (SDE), which is focused on building better solutions for clients.