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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
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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