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Loss of Customer Approval Policy & Procedure

Hi Everyone,

Please advise me, when it comes to Loss of Customer Approval, I know an employee can appeal if new evidence has come to light etc: But can an employee appeal if the employer is offering less contractual hours from which the employee originally had?

Thanks Marcia

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  • Sorry it’s probably just Me but I don’t understand your question?

    Is the reduction in hours some sort of disciplinary sanction? Which would be quite unusual?
  • In reply to Keith:

    Hi Keith, when an employee is a third-party contractor ie security officer/cleaner etc. If the client/customer no longer wants the employee on their premises 'your' actual employer will have to remove you from that premises and they call this LOCA. Your employer will have to look for a new position for you elsewhere. My question is, as I know you can appeal on the customer's decision (though it may bare no weight) but if you have new/additional evidence, as it could be case of your face not fitting etc. If your employer can not find you a an alternative, they may offer you a different contract such as guaranteed hours, 24 to 48 hours. Therefore, if the hours they offer are less than your original hours can you appeal for this reason?
  • In reply to Marcia:

    Thanks for clarity. I am not sure I ever would have got there ;-)

    Well it’s not really an appeal as such as it should be a two way discussion about what is available etc and suitable.

    If the organisation is saying this is really the only role they have and the employee doesn’t want to take it then the alternative might well be a SOSR dismissal based on the clients refusal.
  • In reply to Marcia:

    I am still struggling as I think you are asking from a personal rather than a professional perspective.
    if the host will not have someone back then that is their prerogative even if there is new evidence and they dig their heels in.
    After that it is either dismissal for SOSR or redeployment. Someimes there will be good easy transfers, sometimes there will be none- so move to termination and sometimes there will be something that is not ideal.it is up to the individual whether they go for the least bad option.

    Trying to confuse the two stages is not helpful.
  • In reply to Marcia:

    I am still struggling as I think you are asking from a personal rather than a professional perspective.
    if the host will not have someone back then that is their prerogative even if there is new evidence and they dig their heels in.
    After that it is either dismissal for SOSR or redeployment. Someimes there will be good easy transfers, sometimes there will be none- so move to termination and sometimes there will be something that is not ideal.it is up to the individual whether they go for the least bad option.

    Trying to confuse the two stages is not helpful.
  • In reply to Peter Stanway:

    Thank you Peter
  • In reply to Peter Stanway:

    Hi Marcia 

    You seem  to be confusing their own particular workplace rules and practices with the applicable employment law - which is broadly as follows:

    If an employee who’s hired to a customer or client of the employer becomes no longer acceptable to the client, assuming eg unfair dismissal protection applies to the employee, the employer must strive either to try to resolve things with the client or to redeploy the employee elsewhere. If the only available redeployment opportunity involves eg lower pay or fewer hours or different kind of work or whatever then it’s up to the employee to decide whether or not to accept it. If they refuse and nothing else is reasonably available then SOSR dismissal is usually the next step for the employer and would if done properly be considered in law fair dismissal.

  • In reply to David:

    Ok David yes. I am a Trade Union Representative, I have member in this position they offered my member less hours than what member was originally doing and told the member 'you have no right to appeal' on the new contractual hours, which is less (take it or leave it) stating the member can only appeal on the removal from the premises but the can not appeal on their offer of the new contractual hours?
  • In reply to Marcia:

    Hi Marcia

    Appeals are usually doomed to failure at the best of times and if it’s a matter beyond the employers control then it’s even more futile. And if the only feasibly available alternative work comes with fewer hours then appealing can’t magic up different work if none is available.

    You might try to persuade the employer to compensate the affected employee in some way for the reduction in pay, and if the take it or leave it comes down to employee refusing it then if unfair dismissal protection applies in order to be fair the dismissal must have been the last resort because nothing else was reasonably available and the employer must dismiss with due contractual or statutory notice and must offer in that case the right to appeal the dismissal ( even though there may be no point appealing.)
  • In reply to David:

    Thank you David, this is very helpful.
  • In reply to Marcia:

    They could raise a grievance but as David says if there is genuinely no alternative then doomed to failure

    The only way to win would be if they were taking the opportunity for a bit of retribution/penalty.

    The fact they have a policy on the subject can only mean that you are in the public sector
  • In reply to Peter Stanway:

    Thank you