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.
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.
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.
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.
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.
HR and legal information and guidance relating to contravention of statutory duty/restriction dismissals.