Employment Rights
Under the Employment Rights Act 1996, employees who believe they have been dismissed unfairly can complain to an employment tribunal, generally subject to a qualifying period of one year's continuous service.
A statutory requirement that prevents someone's employment, such as a refusal of an SIA licence, is a potentially fair reason for dismissal. However, employers must act in a fair and reasonable manner in these circumstances. For instance, alternative duties could be sought which do not require an SIA licence. Only after attempting to make reasonable provisions would dismissal normally be fair.
Guidance published by the Department for Business Enterprise and Regulatory Reform (BERR) gives further information about dismissal legislation; the booklet can be viewed online at the BERR website.
TUPE
The Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) seek to preserve employees' terms and conditions when a business or undertaking, or part of one, is transferred to a new employer.
If employment of someone would potentially fall foul of the regulations of the Private Security Industry Act 2001 (because that person had been denied an SIA licence), then the employer has the right to dismiss the employee or refuse to employ a potential employee under the exceptions provided by the Employment Rights Act 1996, whether they have been transferred under TUPE or not, provided the employer acts in the fair and reasonable manner discussed above.