Does it matter if your manager is not employed by your company?

[Eric Sson]

A director owns 2 companies; Company A and Company B. Each company is in the same business sector but ran independently from each other and have their own separate staff. The company I worked for was Company A but, when our manager left, a replacement manager was brought to our site on a temporary basis from Company B and remained employed by Company B. This manager conducted my disciplinary and sacked me. Shortly afterwards he went back to Company B’s site and Company A got a new manager.

Although he was the manager at my site when he sacked me, would the fact he wasn’t employed by my company make any difference to the dismissal?

In his statement to the tribunal he starts off by stating he was employed by Company A, when in fact he was employed by Company B and only worked at Company A’s site for a few months. Would this make any difference to the validity of his statement or will it just be taken as an oversight by him?

[charitynjw]

Re: Does it matter if your manager is not employed by your company?

A director owns 2 companies; Company A and Company B. Each company is in the same business sector but ran independently from each other and have their own separate staff. The company I worked for was Company A but, when our manager left, a replacement manager was brought to our site on a temporary basis from Company B and remained employed by Company B. This manager conducted my disciplinary and sacked me. Shortly afterwards he went back to Company B’s site and Company A got a new manager.

Although he was the manager at my site when he sacked me, would the fact he wasn’t employed by my company make any difference to the dismissal?

In his statement to the tribunal he starts off by stating he was employed by Company A, when in fact he was employed by Company B and only worked at Company A’s site for a few months. Would this make any difference to the validity of his statement or will it just be taken as an oversight by him?

IMHO

It would appear to me to be a simple contractual matter.

The doctrine of Privity of Contract - No stranger to the contract can enforce it.
[Viscount Haldane LC: Dunlop Pneumatic Tyres Co Ltd v Selfridge & Co Ltd (1915) AC 847 (HL)]

But as I'm only the cleaner around here, best you get opinion from @mariefab.

[mariefab]

Re: Does it matter if your manager is not employed by your company?

Unless the Respondent employer is denying liability for the manager's actions, it really isn't worth raising that he should have used the word 'at' instead of 'by'.