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Waging war

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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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