08th September 2010
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Legal updates – Jan 08
- Immigrant employment status needs care
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Immigrant employment status needs care
Klusova vs London Borough of Hounslow
2007 EWCA Civ 1127
Key facts
Klusova, given permission to be in the UK by the Home Office, was employed by the London Borough of Hounslow. When her current leave to remain in the UK expired, she applied for an extension but the Home Office wrongly told the Borough that she was an over-stayer. Hounslow terminated her employment without following the statutory procedure as they believed that they were acting in accordance with a duty imposed by the Asylum and Immigration Act.
Decision
In view of the error by the Home Office, Hounslow were wrong to terminate and the Tribunal order that Klusova be restored to her previous employment.
Our view
This case is relevant in view of the increased penalties for employer knowingly or negligently employing illegal immigrants in the UK. Following the statutory procedures would have cost Hounslow little, even if they felt that they weren’t obliged to and, as events turned out, would have saved them the expense of a hearing. Until more reliability can be attached to the information given by the Home Office, employers would be well advised to be cautious.
