Dismissal for illegality not always fair

• Authors:
• Kim Pattullo
• Sheila Gunn
• Blair Adams

The EAT has held in Kelly v University of Southampton that, as the University would not have committed an offence under the Asylum and Immigration Act 1996 by continuing to employ Dr Kelly after her leave to remain in the UK had expired, the dismissal was unfair.

Dr Kelly, a US citizen, held a post at the University of Southampton. Her work permit was valid until 8 January 2006 but a separate document issued by the UK immigration authorities stated that her leave to remain would expire a ye... (201 more words)

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