Reason for dismissal—breach of enactment
Reason for dismissal—breach of enactment

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Reason for dismissal—breach of enactment
  • Procedural fairness
  • Acas Code of Practice on Disciplinary and Grievance Procedures

Reason for dismissal—breach of enactment

One of the potentially fair reasons for dismissal is that the employee could not continue to work in the position which he held without a duty or restriction imposed by or under statute being contravened (whether by himself or his employer).

See Precedent: ET3 grounds for resisting unfair dismissal claim—contravention of statute.

A dismissal because of a failure to produce right to work documents cannot amount to a dismissal for breach of an enactment. That is because section 15(3) of IANA 2006 does not impose a ‘requirement’ on an employer to obtain certain documents, just the possibility of ‘excusal from a penalty’ if certain documents are obtained from the employee.

It is not sufficient that the employer genuinely believed that continued employment would contravene a statute: the employment must contravene statute as a matter of fact.

However, an employer's genuine, but mistaken belief that he could not legally continue to employ the employee may be 'some other substantial reason' (see Practice Note: Reason for dismissal—some other substantial reason).

Examples of dismissals that may fall within the breach of statute provisions include:

  1. where an employee who needs to drive as part of his job is disqualified from driving, although it seems likely that

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