How to deal with an employee who no longer has the right to work in the UK
Updating author: Huw Cooke, Burges Salmon, Burges Salmon
Click on any of the hyperlinks to go to more detailed guidance below.
- 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.