Can an employee be dismissed because of their immigration status?

• Author:
• McDermott Will & Emery London Employment Group

Under section 8 of the Asylum and Immigration Act 1996 (“AIA 1996”) an employer is guilty of an offence if it employs a worker subject to immigration control who does not have valid and subsisting leave to remain or is subject to a condition precluding him or her from taking up employment in the UK.

An employer can fairly dismiss an employee if continued employment would breach a statutory restriction (section 98(2)(d) Employment Rights Act 1996 (“ERA”)). In such cir... (645 more words)

Information centre access is required.