Unfair Dismissal And Illegal Working

The Employment Appeal Tribunal (EAT) case of San Ling Chinese Medical Centre v Lian Wei Ji has ruled that a contract of employment will not be rendered unenforceable on the grounds of illegality if a change in circumstances means that a work permit could be revoked - in order for the contract to be unenforceable, the permit must actually be revoked.

Ms Wei Ji was a Chinese national working for the medical centre under a student visa. She was dismissed from the centre and later went on to claim unfair dismissal (http://www.ashbycohen.co.uk/unfair-dismissal-law.html) , stating that statutory dismissal procedures were not followed.

Her claim was successful, and Ms Wei Ji was awarded compensation by the Employment Tribunal. The medical centre appealed, claiming that Ms Wei Ji's contract was tainted by illegality, so it could not be enforced and her claim was therefore invalid.