Search
Close this search box.

Reasonable to dismiss employee when immigration status uncertain

In Kurumuth v NHS Trust North Middlesex University Hospital the EAT has held that dismissal of an employee was reasonable in circumstances where the UK Border Agency had failed to clearly indicate her immigration status and that she had the right to work in the United Kingdom.

In Kurumuth v NHS Trust North Middlesex University Hospital the EAT has held that dismissal of an employee was reasonable in circumstances where the UK Border Agency had failed to clearly indicate her immigration status and that she had the right to work in the United Kingdom.

Mrs Kurumuth is Mauritian. She came to the UK in 1992 with a work permit. In 1997 she was refused further leave to remain in the UK but appealed. Upon taking up permanent employment in 2003, she produced a letter from the Home Office stating her entitlement to continue to work in the UK until her appeal was determined, but it never has been.  Following the introduction of a new points-based system, a check was made of Mrs Kurumuth’s status, but the latest official UK Border Agency statement gave no indication of when the matter would be resolved, so with no evidence that Mrs Kurumuth had any right to work, she was dismissed following a suspension.

The tribunal found the dismissal procedurally unfair, but that the substantive decision to dismiss was within the range of reasonable responses. Applying the Polkey principle, the tribunal reduced the compensatory award to nil as dismissal would have occurred in any event. Mrs Kurumuth appealed, arguing that the dismissal was both procedurally and substantively unfair and the tribunal had failed to establish her immigration status.

The EAT rejected the appeal. It was not for the tribunal decide her immigration status – that was a specialist decision for the immigrating judiciary. Furthermore, the Trust had shown a fair reason for dismissal, as it genuinely believed Mrs Kurumuth was not entitled to work in the UK, because the Border Agency had failed to clearly indicate her immigration status. The tribunal had also been entitled to reduce compensation to zero as dismissal would have occurred in any event, had a reasonable procedure been followed.

Read more

Latest News

Read More

Rise in recruitment fraud must urgently be checked

28 March 2024

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

University of Cambridge – Judge Business SchoolSalary: £32,332 to £38,205 pa, pro rata This provides summary information and comment on the subject areas covered. Where

University of Cambridge – Judge Business SchoolSalary: £29,605 to £33,966 pa, pro rata This provides summary information and comment on the subject areas covered. Where

University of Oxford – Blavatnik School of GovernmentSalary: Grade 5: £28,759 – £33,966 per annum (with a discretionary range to £37,099) This provides summary information

Software Development Director (Exec Team Seat). Remote Working with Ellesmere Port Office-Based Minimum 1 Day Per Week. + Contribution towards membership fees. £120,000 – £140,000

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE