15 February 2008
Tribunal rules dismissals for illegality can be unfair
An employment appeals tribunal has ruled that a university unfairly dismissed a member of staff on the grounds that her leave to remain in the UK had expired, Workplace Law Network reports.
The University of Southampton - which describes itself as one of the top ten research universities in the UK - had sacked one of its female employees (referred to simply as Dr Kelly) because her work permit had run out and it believed it would be breaking the law by continuing to employ her.
While her work permit was valid until January 8th 2006, a separate document issued by the immigration authorities stated that her leave to remain in the country ran out a year earlier.
However, the tribunal held that the institution would not have been in contravention of the law because, under the Immigration Rules, she still had permission to work in Britain.