Unfair dismissal – Contravention of a statutory ban as a reason for dismissal

Key Points

  • A dismissal can be potentially fair if the employee could not continue to work without contravening a statutory ban (either on the part of the employee or the employer)
  • Continued employment must in fact contravene a statutory ban. It is not sufficient for the employer to have a genuine but mistaken belief that continued employment would breach a duty or restriction imposed by legislation.
  • Employers should always plead an alternative reason for dismissal.
  • A tribunal must still consider whether the dismissal was fair in all the circumstances.

 

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