How to deal with an employee who no longer has the right to work in the UK

Original authors: Jamie Cameron and Megan Summers, Burges Salmon

Updating author: Huw Cooke, Burges Salmon, Burges Salmon

Summary

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• Be aware of the circumstances that could lead to an employee losing their right to work in the UK.
• Put procedures in place to prevent illegal working.
• Ensure that proper record-keeping and monitoring processes are in place, to identify when immigration permissions will expire.
• Follow a fair process before taking action against an employee who no longer has the right to work in the UK.
• If terminating an employee's contract, ensure that the dismissal falls within one of the potentially fair reasons for dismissal.
• Make use of the Employer Checking Service and the 28-day grace period.