Case report round-up: Employee's uncertain immigration status was reasonable ground for dismissal
XpertHR's latest case reports cover:
- Discrimination questionnaire: No justification for drawing victimisation inferences where replies "transparently genuine" In Deer v Walford and another EAT/0283/10, the EAT held that replies to a statutory discrimination questionnaire were "transparently genuine" and that there was no justification for drawing inferences of victimisation. (Employment Review)
- Unfair dismissal: Employee's uncertain immigration status constituted reasonable grounds for dismissal In Kurumuth v NHS Trust North Middlesex University Hospital EAT/0524/10, the EAT upheld an employment tribunal's decision that an employer was entitled to dismiss an employee when it was unable to obtain satisfactory evidence of her right to work in the UK. (Employment Review)
- Employer entitled to pursue misconduct allegations after four-year delay In Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178 HC, the High Court held that the trust was entitled to pursue misconduct allegations against the employee after a four-year delay caused by supervening serious concerns about his fundamental capability. (Personnel Today)
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