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IMMIGRATION STATUS: No green light to dismiss

27 May 2011  

James Humphery analyses a recent ruling on whether it was fair to dismiss an employee in the mistaken belief that she was working illegally

In Kurumuth v NHS Trust North Middlesex University Hospital [2011] the Employment Appeal Tribunal decided that the employment tribunal should not make a definitive decision about an employee’s immigration status. This is an unremarkable proposition but some commentators have suggested that it gives employers a green light to dismiss employees with uncertain immigration status, allowing them to err safely on the side of caution to avoid the fines that come with a breach of the immigration rules.

 

Additional Info

  • Case(s) Referenced:

    Klusova v London Borough of Hounslow [2007] EWCA Civ 1127

    Kurumuth v NHS Trust North Middlesex University Hospital [2011] UKEAT/0524/10/CEA

    MA (Nigeria) v Secretary of State of the Home Department [2009] EWCA CIV 1229

    Polkey v AE Dayton Services Ltd [1987] UKHL 8

Last modified on 01 June 2015