National security

Case 2: The facts

An employee began work as an airport security guard but was dismissed when she failed her national security clearance. She claimed unfair dismissal.

The ruling

When someone is dismissed for the purposes of national security owing to refusal of security clearance, the Employment Appeal Tribunal said, the employer's position is the same as when it relies on a "substantial other reason" defence for dismissing an employee at the request of a third party. The employer does not have to justify the third party's decision, and does not need to know why the employee failed to get security clearance.

However, the employer must still show that dismissal was reasonable in the circumstances; this should include considering whether redeployment was possible. The tribunal had not considered this point, so the case was sent back for it to do so.

B v BAA UKEAT/0557/04