UNFAIR DISMISSAL – Procedural fairness/automatically unfair dismissal
The Claimant was dismissed when he failed to produce evidence of an in-time application which extended his right to work. He was not afforded an opportunity to appeal. The Employment Judge decided that it was not unfair to dismiss the Claimant without affording him the opportunity to appeal because, against the immigration background, there was ‘nothing to appeal against’. Appeal allowed. The Claimant at all material times had a right to work; the requisite evidence of that right could have been established during an internal appeal process; and if it had been the Respondent was not prohibited by any law, criminal or civil, from reinstating him. Provisions of the Immigration, Asylum and Nationality Act 2006 and the Immigration (Restrictions on Employment) Order 2007 considered.
Citations:
[2018] UKEAT 0265 – 17 – 1304
Links:
Jurisdiction:
England and Wales
Employment
Updated: 24 April 2022; Ref: scu.618916