Thread by @benamunwa

1/ Some reasons why the Domino’s pizza dismissal case has some disturbing features for employers / lawyers / claimants.
(thread)
lawmostly.com/2018/07/03/dom…

2/ It shows that the lynchpin of Theresa’ May’s #hostileenvironment policy, (the ‘right to work’ system), is causing confusion for employers, staff and Judges.

3/ If Judges are confused about the 'right to work' system, what hope is there for employers who face potential fines of up to £20,000 per illegal worker and potential criminal prosecution?

4/ Qualified migrants on time-limited visas are denied job offers, due to fear of immigration problems. Employers of all sizes dismiss undocumented migrants, often by mistake. They panic because of threat of penalties.

5/ Dismissal in the Domino’s pizza case was ultimately futile. The non-EEA national employee had the right to work all along. He just didn’t have up-to-date papers to prove it. Until 3 days after he was fired. 🤦🏽

6/ I've heard similar stories from Law Centres across England recently. Everyday injustices like this are happening all over the country. All because lower net migration numbers is worth any amount of suffering to working people and families.

7/ Trouble is, immigration law is a labyrinth in which practitioners from other fields are easily lost. The EAT in this case don't even identify the Claimant’s immigration status, and, worse, seem to conflate EEA and non-EEA status. That's wrong in law. See below.

8/ The EAT also seems to endorse knee-jerk dismissals over the ‘right to work’, because any mistakes can be corrected by the employer later, at an internal appeal.

9/ I disagree. Employers should normally investigate a person’s actual *and* potential right to work. Even if it means uncertainty during the investigation. Fair processes take time.

#Windrush

10/ Undocumented migrants shouldn't have to race against the clock in order to avoid losing their jobs and livelihoods. ⏱️

11/ Some free legal tools are available to fight discrimination against migrant workers. See my detailed ebook with chapter on 'illegal working' published with @LawCentres -> download here (sign-up required): lawmostly.com/2018/05/18/new…

12/ And for powerpoint fans among you, see full training slides here: lawmostly.com/2018/07/02/bon… (ENDS)