EAT Unfair Dismissal : Compensation – Claimant of Indian nationality given leave to enter the UK on basis of work permit authorising employment by Respondent for five years – Claimant unfairly dismissed during fifth year – Tribunal caps compensation as at date of expiry of the five-year period on basis that it would have been unlawful for Respondent to employ him thereafter.
Appeal allowed on the basis that the Appellant would before the expiry of that period have applied for indefinite leave to remain (as he had in fact since done) and that the effect of section 3C of the Immigration Act 1971 was that it would have remained lawful for him to work pending determination of that application (Klusova v London Borough of Hounslow [2008] ICR 396 followed).
Judges:
Underhill P J
Citations:
[2011] UKEAT 0080 – 11 – 2508
Links:
Jurisdiction:
England and Wales
Employment
Updated: 20 September 2022; Ref: scu.445646
