Nwaki v Tube Lines Ltd UKEAT/0117/18/BA

Appeal against the ET’s finding that the Claimant’s dismissal was not unfair. Appeal dismissed.

The Claimant was unable to satisfy the Respondent, his employer, that he was legally entitled to continue working in the UK, as a result of an error on the part of the UK Border Agency. He was dismissed, and the Respondent referred to s 98(1)(b) and (2)(d) Employment Rights Act 1996 in its reasons for the dismissal. The Claimant argued that the Respondent had relied solely on s 98(1)(b) ("some other substantial reason"), but the ET found that the dismissal fell within s 98(2)(d), namely that "the employee could not continue to work in the position which he held without contravention … of a duty or restriction imposed by or under an enactment".

The EAT held that the ET's decision contained no error of law since this was, in truth, no more than a labelling exercise.


Published: 29/01/2019 16:27

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