Contravention of statutory duty/restriction dismissals

New and updated

• Unfair dismissal

  Type:

  Employment law manual

  Updated to include information on Mbubaegbu v Homerton University Hospital NHS Foundation Trust, in which the EAT held that a summary dismissal was fair despite no single act of gross misconduct; and Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood, concerning the date when a notice period begins.

• How to deal with an employee who no longer has the right to work in the UK

  Type:

  How to

  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.

• Unfair dismissal: Failure to provide right to work evidence did not make employment illegal

  Date:

  22 November 2017

  Type:

  Law reports

  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.

• Dismissal of employee with no evidence of right to work in UK was fair

  Date:

  11 November 2016

  Type:

  Law reports

  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.

• Employee not contractually obliged to drive fairly dismissed for losing licence

  Date:

  10 August 2011

  Type:

  Law reports

  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.

• Dismissal of employee with uncertain immigration status was reasonable

  Date:

  28 April 2011

  Type:

  Law reports

  The Employment Appeal Tribunal has held that an employer's decision to dismiss an employee with an uncertain immigration status was reasonable. 

• Unfair dismissal compensation: Employer's ability to pay is irrelevant

  Date:

  4 January 2011

  Type:

  Law reports

  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.

• Unfair dismissal: employer's ability to pay should not influence employment tribunal award

  Date:

  1 September 2010

  Type:

  Law reports

  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. 

• Can an employer dismiss an employee who is disqualified from driving if the job involves driving?

  Type:

  FAQs

• How to deal with an employee whose continued employment in his or her role would contravene the law

  Type:

  How to

  Practical guidance on dealing with an employee whose continued employment in his or her role would contravene the law, for example because of a driving ban.