How to deal with an employee who no longer has the right to work in the UK
Updating author: Huw Cooke, Burges Salmon
Click on any of the hyperlinks to go to more detailed guidance below.
- Ensure that proper record-keeping and monitoring processes are in place, to identify when immigration permissions will expire.
- Be aware of the circumstances that could lead to an employee losing their right to work in the UK.
- Follow a fair process and carry out an investigation before taking action, including exploring alternative routes under which the employee's right to work could be retained.
- Make use of the 28-day grace period where applicable.
- Check the employee's status using the Home Office Employer Checking Service.
- If terminating an employee's contract, ensure that the dismissal falls within one of the potentially fair reasons for dismissal.
- Confirm the dismissal to the employee in writing, giving them the right of appeal.
- Notify the Home Office of the dismissal, if required.