Updated to include information on Baker v Abellio London Ltd, concerning the dismissal of an employee who was not subject to immigration control but who failed to provide correct documentation.
The Employment Appeal Tribunal (EAT) has remitted to an employment tribunal the issue of whether or not a Jamaican national with the "right of abode" was fairly dismissed after he did not provide the required documentation during his employer's audit of its workforce's right to work in the UK.
Updated to include information on NHS 24 v Pillar, in which the EAT considered the extent of information that can be included in a disciplinary investigation report.
An employment tribunal has held that the employer fairly dismissed an employee who failed to produce evidence of his right to work in the UK.
In this week's podcast, we discuss potentially fair statutory ban dismissals and provide guidance on the procedure that employers should go through.
The employer in this case fairly dismissed an employee who lost his driving licence, even though there was not an express requirement in his contract of employment that he be able to drive.
The Employment Appeal Tribunal has held that an employer's decision to dismiss an employee with an uncertain immigration status was reasonable.
In Tao Herbs & Acupuncture Ltd v Jin EAT/1477/09, the EAT held that the employer's ability to pay is not a relevant consideration for a tribunal when calculating compensation for unfair dismissal.
The Employment Appeal Tribunal has provided a reminder that employment tribunals should not take into account the employer's ability to pay when considering how much compensation to award an unfairly dismissed employee.
HR and legal information and guidance relating to contravention of statutory duty/restriction dismissals.