Baker v Abellio London Limited [2017]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Immigration, Asylum and Nationality Act 2006; Right to Work; Documentation

The claimant, employed by the respondent as a bus driver, was a Jamaican national who enjoyed an unlimited right to live and work in the UK. After the respondent conducted a workforce audit, the claimant was asked to produce one of a list of documents, which he was unable to do. He explained that had a ‘right of abode’ and the right to work, but did not have a passport. He eventually obtained the passport, but the Home Office advised that this was not sufficient proof of the right to work in the UK. The claimant was dismissed and claimed unfair dismissal.

The ET dismissed the claim as, although the claimant had the right to work and the right of abode, the employer required proof of this

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This article is correct at 20/12/2017

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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