Contravention of statutory duty/restriction dismissals

New and updated

• Type:

  Tasks

  Manage the situation where an employee has been disqualified from driving

• Date:

  10 August 2011

  Type:

  Law reports

  Employee not contractually obliged to drive fairly dismissed for losing licence

  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.

• Date:

  28 April 2011

  Type:

  Law reports

  Dismissal of employee with uncertain immigration status was reasonable

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

• Date:

  4 January 2011

  Type:

  Law reports

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

  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.

• Date:

  1 September 2010

  Type:

  Law reports

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

  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. 

• Type:

  FAQs

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

• Type:

  Policies and documents

  Contract clause requiring an employee to hold a driving licence

  A model contract clause requiring an employee to hold a driving licence.

• Type:

  How to

  How to deal with an employee whose continued employment in their role would contravene the law

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

• Date:

  11 December 2007

  Type:

  Law reports

  Case of the week: Dismissal over mistaken belief about immigration status

  This week's case of the week, provided by Addleshaw Goddard, covers dismissal over mistaken belief about immigration status.

• Date:

  13 November 2007

  Type:

  Law reports

  Klusova v London Borough of Hounslow

  In Klusova v London Borough of Hounslow [2007] EWCA Civ 1127 CA, the Court of Appeal has held that a mistaken belief that an employee was being illegally employed could be a potentially fair reason for dismissal.