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