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Statutory dismissal procedures: no application to 'illegal working' dismissals

This report relates to 1 case(s)

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    Mayor and Burgesses of the London Borough of Hounslow v Klusova EAT/0325/06 (0 other reports)

In Mayor and Burgesses of the London Borough of Hounslow v Klusova EAT/0325/06 the Employment Appeal Tribunal held that an employee dismissed when the Home Office informed her employer that she did not have permission to work in the UK was dismissed because her continued employment would have involved the contravention of a 'duty or restriction' imposed by an enactment. The dismissal was, therefore, for a reason falling within s.98(2)(d) of the Employment Rights Act 1996.The statutory dismissal procedures do not apply to such dismissals, so her dismissal without a hearing was not automatically unfair.