UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
A Tribunal was entitled to find, on the facts, that where the Claimant’s inability to satisfy his employer that he was legally entitled to continue working in the UK arose as a result of an error on the part of the Border Agency, his dismissal was not unfair.
The fact that the Skeleton Argument served by the Respondent below tended to focus primarily on the issue of ‘some other substantial reason’ did not mean that the Employment Tribunal (‘ET’) was disentitled to find that the reason for dismissal fell within section 98(2)(d), namely that ‘the employee could not continue to work in the position which he held without contravention (either on his part or on that of his employer) of a duty or restriction imposed by or under an enactment.’
Citations:
[2018] UKEAT 0117 – 18 – 2809
Links:
Jurisdiction:
England and Wales
Employment
Updated: 30 March 2022; Ref: scu.633785