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Unfair dismissal compensation may not be limited to work permit duration (News, 24 October 2011)

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Published on: 24 October 2011

Published by a LexisNexis Employment expert

Article summary

Where, not long after a migrant employee had been unfairly dismissed, his work permit expired, the date of its expiry did not provide a cut-off point for the compensatory award, because he had, before its expiry, applied for indefinite leave to remain and, pending determination of that application, (a) his permission to remain in the UK was extended, and (b) his right to work in the original employment in respect of which the permit had been granted continued, according to the EAT in Rachabattuni Ram v JD Wetherspoon.

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