Tag

#right-to-work

7 cases tagged Right to Work.

Claim dismissed · Jul 2023

Home care assistant's race discrimination claim struck out after non-payment of deposit

A tribunal struck out a home care assistant's race discrimination claim after she failed to pay a £1,200 deposit ordered because her allegations had little prospect of success. The case highlights the risks of bringing claims based on immigration status rather than race.

race-discriminationdirect-discriminationimmigration-status
Claim dismissed · Jun 2023

Part-time lecturer's unfair dismissal claim thrown out for being too late

A part-time lecturer who waited over a year to bring an unfair dismissal claim after his employment ended due to right-to-work issues has had his case dismissed as out of time.

out-of-timeunfair-dismissalunlawful-deductions
Claim dismissed · Apr 2023

Unfair dismissal claim struck out as eight months late despite depression and appeal delay

A former employee's unfair dismissal claim was struck out because it was presented eight and a half months after the three-month time limit expired. The tribunal found that neither his depression nor the ongoing internal appeal made it 'not reasonably practicable' to file on time.

out-of-timeright-to-workdepression
Respondent won · Feb 2023

Job offer withdrawn over redacted passport: race discrimination claim fails

A job applicant who had her offer withdrawn after providing a redacted, unrecognisable passport photocopy failed to prove race discrimination. The tribunal found the employer acted solely on right-to-work concerns.

race-discriminationright-to-workpassport-redaction
Respondent won · Jan 2023

Administrator dismissed over pre-employment check failures: dismissal upheld despite inadequate training

An administrator with 2.5 years' service was dismissed for gross misconduct after an audit revealed failures in pre-employment checks and confidential documents were found at her desk. The tribunal upheld the dismissal as fair.

pre-employment-checksright-to-workconfidentiality-breach
Respondent won · Dec 2022

Radiographer's unfair dismissal claim dismissed as out of time

An NHS radiographer who was dismissed over right-to-work concerns had her unfair dismissal claim rejected because she presented it 18 days late. The tribunal found she could have filed on time.

race-discriminationunfair-dismissalright-to-work
Respondent won · Oct 2022

Demotion that triggered visa salary breach: dismissal for some other substantial reason upheld

A care coordinator lost her right to work after a demotion cut her salary below the sponsorship threshold. The tribunal held that the employer's decision to dismiss was fair.

sponsorship-licencedemotioninadequate-investigation