**Content |Originally Posted by joebloggs
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Okay ... Mr Newell was hired by Asda in October 1997 (9 months AFTER the Govt mandate was introduced) ... at WHICH juncture, he presented his birth certificate in compliance with the [then] legislation.**However, Asda's action was triggered by a January 1997 Parliamentary requirement mandating employers to check their employees' nationality documentation in a bid to curb illegal immigration.
This new mandate got tougher in 2006, when employees' Birth Certificate/Passports were required to be kept on file.
Whilst my sympathies lie with *Mr Newell, the cards were, in effect, stacked in favour of Asda management ... whose action would've been upheld on the grounds that *he "knew well" (or OUGHT to have known) that the rules had changed in line with the second paragraph of the section I've quoted. And it is therefore feasible, the decision of the Employment Tribunal then ultimately hinged on that evidence alone- otherwise a claim for unfair dismissal might have proved successful.
Shame, really!
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