Pressure to quit

Richard Thomas, Partner
Employment Law

So the row over MPs expenses rumbles on.

Despite the number of resignations having picked up steam, public outcry remains as intense as ever. The damage, it seems, has been done.

This raises talking points in my world of employment law. Much of the rage has focused on distinctions being made between penalties for errant employees and those facing our MPs. Not a Question Time has passed in the last month (I’m sure) without an audience member claiming that, had they “fiddled their expenses as MPs have done”, they would be sacked on the spot.

There are two problems with this. Firstly (and this won’t be popular) MPs are a distinct category of worker; they are not employees. And secondly, it seems that some politicians haven’t fiddled - they’ve operated within the rules, albeit the morality of what some have done may be called into question. They seem to now be falling on their swords because of the strength of public opinion against what they’ve done. And because to stay in office would further discredit their party.

The really interesting part of all this is that the pressure on MPs to resign has, as it so often does, come from third parties – the public and, no doubt, colleagues. An employee’s position would be very different. They are protected to some extent from interference by third parties (perhaps unhappy team members or disgruntled clients or customers.) Employers cannot get away with dismissing an employee – or forcing their resignation - just because a third party puts pressure on them to do so. Except, that is, if the third party specifically requests the dismissal; then things may be different.

What about the employee who hasn’t broken the law or company rules? They would be protected here too. Unless what they have done is so serious as to destroy an employer’s trust and confidence in them then they probably couldn’t, on the basis of that issue alone, be dismissed fairly.

So perhaps it’s not as simple as putting politicians into employees’ shoes. There wouldn’t be a neat fit.

(And re-shuffles are usually out of the question in the workplace too.)

For further information please contact Richard Thomas T: 029 2047 4436 E: r.thomas@capitallaw.co.uk