An official response from Bestcare Manpower Services
This is one of the most important questions a client can ask before entering an outsourcing arrangement — and the answer is clear: no, a client cannot directly dismiss an outsourced employee. Understanding why this matters — and what the correct process is — protects both the client and the worker.
The Employer of Record Principle
When Bestcare Manpower Services places an outsourced employee with a client, Bestcare remains the legal employer. The client is the work-site host — they direct the employee’s daily tasks, set their schedules, and define their outputs — but they do not hold the employment contract.
Dismissal is an act of the employer. A client who dismisses an outsourced employee without Bestcare’s involvement is purporting to act as an employer they are not — creating serious legal exposure, including claims of unfair dismissal directed at both the client and Bestcare.
What a Client Can Do
While a client cannot dismiss, they do have meaningful options:
Request Removal from Site A client can formally request that Bestcare withdraw an outsourced employee from their site. This triggers Bestcare’s process for investigating the reason for the request and determining next steps.
Lodge a Formal Complaint For conduct or performance concerns, the client can lodge a formal complaint with Bestcare, which initiates the disciplinary or performance management process.
Terminate the Placement Agreement A client can terminate the outsourcing contract itself, in accordance with the notice provisions agreed at the outset. This ends the commercial relationship but does not constitute dismissal of the employee — Bestcare will reassign or formally separate the employee through the appropriate process.
Why This Protects the Client
Counterintuitively, the constraint that clients cannot dismiss outsourced staff directly is actually a protection for them. It removes the client from the legal frontline of employment disputes and places Bestcare — who carries professional indemnity and employment law expertise — in the position of managing the risk.
“Clients sometimes feel frustrated by this structure — but it exists to protect them as much as the worker. Every dismissal must be legally defensible. That is our job, and we take it seriously.”
— The Director and Team, Bestcare Manpower Services
Direct dismissal of outsourced staff by the client is not permitted. Bestcare Manpower Services provides clear, structured channels through which clients can address conduct and performance issues — and we manage the outcome in a way that is legally sound and professionally handled.