Baker v Abellio London Limited Posted In: Case Law
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionUnfair Dismissal, Tribunal Practice, Procedures and Jurisdictional Issues
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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