Case Study: EAT/dismissal of an employee
In Kurumuth –v- NHS Trust North Middlesex University Hospital, the EAT held that it was reasonable for an employer to dismiss an employee when the UK Border Agency failed to satisfy it that she had a right to work in the UK.
Daven Naghen, head of the Maples Solicitors LLP Employment Team commented as following:-
“In this case the employer acted reasonably, as it took all reasonable steps to investigate the immigration status of the employee. As a result of its investigations it could not satisfy itself that the employee was entitled to work in the UK and therefore it was fair to dismiss her and avoid the risk of civil penalties of up to £10,000 for employing an illegal worker. Provided businesses do all that is reasonable to check the immigration status of its workers, they should avoid liability for unfair dismissal if it cannot be established that an employee has the right to work in the UK.”
For more guidance on this subject then please contact Daven Naghen on 01775 722261, firstname.lastname@example.org or 23 New Road, Spalding, Lincolnshire PE11 1DH