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09 December 2011 / David Renton
Issue: 7493 / Categories: Features , Discrimination , Employment
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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

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NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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