Updated to include information on Khan v Stripestar Ltd, in which the EAT considered the extent to which a defective disciplinary process can be cured through an appeal; and Grayson v Paycare concerning the correct approach to a Polkey reduction.
Practical guidance on dealing with the situation in which an employee no longer has the right to work in the UK, including guidance on avoiding illegal working, fair dismissal, the 28-day grace period and the Home Office employer checking service.
In this week's podcast, we discuss potentially fair statutory ban dismissals and provide guidance on the procedure that employers should go through.
This employment tribunal case arose from a situation in which the employer felt that it had no option but to dismiss a foreign worker who lost her right to work in the UK.
This private security contractor, which needed most employees by law to hold a security licence, fairly dismissed an employee who did not have the required documentation.
A table summarising the potentially fair reasons for dismissal.
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.
HR and legal information and guidance relating to dismissals where the reason for the dismissal is that the employee could not continue to work in the position without contravention of a statutory duty or restriction.