In this Part 4 of this series on the permitted reasons for dismissing an employee, we will consider the fourth reason – contravention of statute (or simply put illegality).
A long-standing principle in English and Welsh law provides that “no will lend its aid to a [person] who founds [their] cause of action upon an immoral or an illegal act.” (Homan v Johnson (1775)). As such the court will not assist a party whose case is based upon an unlawful act.
In an employment context where an employee’s contract of employment is found to be illegal then that employee may be prevented from asserting their contractual and statutory rights against their employer. Where this situation arises, it is for the employer to prove that the employee’s employment was illegal, whether they must prove that it was illegal for the employee to work in the position which they held or whether it was illegal for the employer to employ the employee in that role.
Some examples of this may include an individual who is required to drive but is disqualified from doing so, or an employee is not able to legally work in the UK or does not have adequate permission to do so, although it is important to note than an employer should conduct the necessary checks against employees regarding their status to work.
Navigating dismissal of employees can be difficult (and can be costly if they are not handled correctly). It is important for employers to consider the reason for dismissing an employee as a failure to comply may result in a claim for unfair dismissal against the employer.
At Mewies Solicitors, we can advise you on whether you have grounds for dismissing an employee fairly, or whether you might have been unfairly dismissed.
Contact our Dispute Resolution Team on 01756 799000 or email info@mewiessolicitors.co.uk for bespoke employment law advice.