5. Contravention of a legal requirement

[page 62]

The fourth fair reason for dismissal is that the employee could not continue to work in the position that they held without contravention of any legal duty or restriction (sometimes referred to as a “statutory ban”).

Typical examples include a driver who loses their driving licence, or an employee who loses their right to work in the UK.

An employer who dismisses an employee for this reason will still need to act reasonably, which is likely to include:

• an investigation to establish that continuing to employ the individual would in fact break the law;

• establishing how long the restriction would last;

• considering alternatives to dismissal, including redeployment;

• allowing an appeal.