Statutory Illegality Dismissal

Statutory illegality dismissal is a unique aspect of UK employment law that arises when the continuation of an employment relationship becomes unlawful due to statutory or legal reasons. In such cases, employers may find themselves compelled to terminate an employee's contract to ensure compliance with the law. This article delves into the nuances of statutory illegality dismissal, exploring the legal framework, key principles, and the responsibilities employers bear when navigating these complex situations.

Legal Framework
The legal foundation for statutory illegality dismissal in the United Kingdom is grounded in the Employment Rights Act 1996 and other relevant employment legislation. Statutory illegality may arise when changes in an employee's circumstances or legal restrictions make it impossible or illegal for the employment relationship to continue. Employers must carefully navigate this legal landscape to ensure compliance with statutory requirements.

Examples of Statutory Illegality
Statutory illegality dismissals can be triggered by various circumstances. For example, changes in an employee's immigration status that render them ineligible to work in the UK may necessitate termination. Similarly, the loss of a necessary professional qualification or license, or legal restrictions imposed on certain roles, may make the continuation of employment illegal or impractical.

Fair and Reasonable Procedures
Even in cases of statutory illegality dismissal, employers are expected to follow fair and reasonable procedures. This includes providing the employee with notice or payment in lieu of notice, conducting consultations where feasible, and demonstrating that the decision to terminate the employment contract was a proportionate response to the statutory changes. While the reason for dismissal is external to the employer, the process must still adhere to fair standards.

Notice and Payment in Lieu
Employers should give affected employees reasonable notice of the termination or provide payment in lieu of notice, as stipulated in the employment contract or statutory requirements. The length of notice or payment will depend on factors such as the employee's length of service and contractual terms. Adhering to these provisions ensures that the employer meets its obligations even in cases of statutory illegality.

Mitigation of Impact
Employers should consider reasonable measures to mitigate the impact of statutory illegality on affected employees. This may involve exploring alternative employment opportunities within the organisation or offering support during the transition period. While the decision to dismiss may be dictated by external factors, employers can demonstrate a commitment to fairness by addressing the consequences proactively.

Consultation
Engaging in meaningful consultation with affected employees is a crucial aspect of statutory illegality dismissals. Although the decision may be influenced by external legal changes, involving employees in the process, discussing the implications, and providing an opportunity for them to express concerns contributes to a fair and transparent dismissal procedure.

Legal Obligations and Expert Advice
Employers must stay informed about changes in relevant legislation that may impact the legality of employing certain individuals. Seeking legal advice to understand the implications of statutory changes and the appropriate course of action is essential. Legal experts can provide guidance on compliance with employment laws and help employers navigate complex situations while minimising legal risks.

Statutory illegality dismissal presents a challenging scenario for employers, requiring a delicate balance between legal compliance and fairness. Employers must be vigilant in monitoring changes in statutory requirements and take proactive measures to address the impact on affected employees. By following fair procedures, providing appropriate notice or payment, and seeking legal advice when necessary, employers can navigate statutory illegality dismissals in a manner that upholds the principles of justice and fairness in the employment relationship.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.