header-logo header-logo

09 December 2011 / David Renton
Issue: 7493 / Categories: Features , Discrimination , Employment
printer mail-detail

Waging war

David Renton examines how disputes over immigration status affect unlawful deduction of wages claims

The decision of the Employment Appeal Tribunal (EAT) in Okuoimose v City Facilities [2011] UKEAT/0192/11/DA casts fresh light on the relationship between immigration status and employment law.

It has long been the law that where an employee has no right to work in the UK he cannot succeed in a claim of unfair dismissal. The employer’s defence has been widened recently, so that a dismissal may be fair even where the employer actually, but wrongly, believes that a worker does not have the right to work in the UK (Klusova v London Borough of Hounslow [2007] EWCA Civ 1127, [2007] All ER (D) 105 (Nov)).

The fairness or otherwise of such a dismissal will depend on the particular facts of the case, for example, how much enquiry did the employer make before dismissal? Did the employer give the employee every opportunity to show that its belief was wrong?

Kurumuth

In an important decision of the EAT in Kurumuth

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll