In Ram -v- J D Wetherspoon PLC, the EAT has concluded that, in circumstances where the claimant who had been employed under a 5 year work permit was unfairly dismissed, the Employment Tribunal was wrong to cap his compensation to the imminent end date of that work permit and remitted the case to the Employment Tribunal to reassess the compensation without the 5 year cut-off date.
The Claimant had made a valid application for indefinite leave to remain, which entitled him to remain in employment in the UK pending the outcome of that application (as established by the Court of Appeal in Klusova -v- London Borough of Hounslow), and was therefore entitled to compensation going beyond the end date of the initial work permit.
Employers should be aware that employees who are employed under the work permit or new points-based sponsorship systems will be entitled to remain in employment if they make a valid application for indefinite leave to remain and that in those circumstances the employer’s obligations will continue at least until the outcome of the employee’s application
