Illegality Dismissal

A dismissal on the grounds of illegality arises where an employee can no longer work in their position without contravening a legal duty or restriction. Typically this arises where an employee loses the right to work in the UK and/or where a qualification or licence to undertake their role is lost, for example a driver losing their driving licence.

This remains one of the rarest types of dismissal but is one of the 5 potentially fair grounds for dismissing an employee with protection from unfair dismissal. Whenever an employer considers that it may need to dismiss the employee a fair process must still be followed. This will typically involve meeting with the employee to discuss the issue and seeing whether the employee can be transferred to another role they could lawfully undertake. If this is possible then the individual can be transferred to the new role either permanently or temporarily whilst the issue is resolved. If not then dismissal may be the only option available to the employer.

Gary Smith has provided some brief videos which set out in more detail the legal elements of Statutory Illegality, which can be viewed here.

How can we help you?

Nockolds' specialist Employment Team has a large amount of experience dealing with this fairly niche area of law. We can help you ensure that your business handles the process appropriately and that there are no other alternatives around the statutory duty or restriction.