Baker v. Abellio London Ltd [2017] UKEAT 0250_16_0510 (5 October 2017)

Baker v. Abellio London Ltd [2017] UKEAT 0250_16_0510 (5 October 2017)

Section 15 of the Immigration, Asylum and Nationality Act 2006 did not apply to the Claimant as he was not subject to immigration control; therefore, the employer was not obliged under that section to obtain specific documentary proof of the right to work. The Employment Judge erred in holding otherwise. However, a genuine but mistaken belief by the employer that continued employment would be unlawful can constitute 'some other substantial reason' for dismissal. The fairness of the dismissal and the deduction from wages claim must be remitted for reconsideration.

Citation
[2017] UKEAT 0250_16_0510
Parties
Appellant/claimant: Mr Baker; Respondent/employer: Abellio London Ltd
Jurisdiction
United Kingdom
Judgment Date
05 October 2017
Procedural Posture
Employment Appeal Tribunal (eat) Appeal From Employment Tribunal Judgment / Appeal Judgment With Remittal to Employment Tribunal
Outcome
Appeal allowed in part; Employment Tribunal judgment set aside in part; claims remitted for reconsideration
Legal Topics
Unfair Dismissal, Immigration and Employment, Unlawful Deduction From Wages, Employment Tribunal Procedure
Employment Law Unfair Dismissal Immigration and Employment Unlawful Deduction From Wages Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Baker

Appellant/claimant

Abellio London Ltd

Respondent/employer

Procedural Posture

Employment Appeal Tribunal (eat) Appeal From Employment Tribunal Judgment / Appeal Judgment With Remittal to Employment Tribunal

Legal Issues

  1. 1 Whether dismissal was for a fair reason under Employment Rights Act 1996 section 98(2)(d) (illegality)
  2. 2 Whether dismissal was for some other substantial reason under ERA 1996 section 98(1)(b)
  3. 3 Whether the dismissal was fair in all the circumstances under ERA 1996 section 98(4)

Ratio Decidendi

Section 15 of the Immigration, Asylum and Nationality Act 2006 did not apply to the Claimant as he was not subject to immigration control; therefore, the employer was not obliged under that section to obtain specific documentary proof of the right to work. The Employment Judge erred in holding otherwise. However, a genuine but mistaken belief by the employer that continued employment would be unlawful can constitute 'some other substantial reason' for dismissal. The fairness of the dismissal and the deduction from wages claim must be remitted for reconsideration.

Court Disposition

Appeal allowed in part; Employment Tribunal judgment set aside in part; claims remitted for reconsideration

Orders

  • Decision that dismissal was for illegality under ERA 1996 section 98(2)(d) set aside
  • Decision that dismissal was fair set aside