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

Summary

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• 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.