Shopping Extravaganza – Thursday 1 December Grantham Office

A shopping evening has been organised at the firm’s Grantham office on Thursday 1 December to raise money for the Lincolnshire & Nottinghamshire Air Ambulance.  The evening will start at 7pm and finish 9.30pm.

There will be a number of stalls selling books, jams and chutneys, health and beauty products, candles, cards, jeweller plus much more…..     

Tickets are £5.00 each and includes a glass of wine.  Tickets can be purchased from our Grantham office, 30 Avenue Road, Grantham or from Linda Clark at our Newark office, 1 Trentside Business Village, Farndon Road, Newark.

All moneys raised will go to the Lincolnshire & Nottinghamshire Air Ambulance.

ILLEGALITY AND IMMIGRATION RESTRICTIONS

There has been an interesting case recently in the Employment Appeal Tribunal where the employer argued that it should not pay an employee because the employer THOUGHT that to do so would be illegal.   

The case is called Okuoimose v City Facilities.   

The employee in this case was a member, by marriage, of the family of an EEA national.    This meant that she was at all times entitled to resign and work in the UK.    However a Home Office stamp in her passport confirming this, had expired.  The employer then suspended her from pay for a period until the position could be confirmed with the UK Border Agency.  

The employee made a claim for her lost wages saying that these were unlawful deductions from her pay.    The Employment Judge in the Employment Tribunal agreed with the employer, and said that the Contract was illegal and unenforceable during that time and so the employer was right not to make the payments.  

However the Employment Appeal Tribunal overturned this decision. It held that the employee was entitled to work in the UK at all times and this was not affected by the failure to obtain a new stamp in her passport.    It was therefore irrelevant whether the employer was behaving reasonably, or thought it was behaving reasonably, or that it was worried about penalties.    The employee's claim therefore succeeded.   

This case follows a similar case where a similar outcome occurred.   It shows that an employer cannot simply rely on what is in a passport, or even what the UK Border Agency even tell it, the question is: is the employee entitled to work here?   If he or she is, then they are entitled to be paid.