Dismissal Upheld

Right to Work in the UK Check

It is every employers responsibility to ensure all employees, no matter their place of birth, to check that they have a legal right to work in the UK. Fines and even company closures can result from failure to do so.

Unfair Dismissal Upheld

An employment tribunal upheld the right of a bus company to dismiss an employee after checks revealed that he could not produce evidence of his right to work in the UK, despite being given numerous chances and assistance by his company to do so.

The bus company discovered during a check of its employees that one of its drivers, that had worked at the company for years, could not produce evidence that he had the right to work in the UK. Mr Baker was Jamaican born, but has lived in the UK since childhood. He therefore has right of abode, which is the right to live in the UK indefinitely, but had no evidence of his right to work. His Jamaican passport had expired so his employer lent him £350 to renew it, but stated he had to get the passport endorsed confirming his right to work in the UK. The passport was renewed, but Mr Baker failed to request the endorsement, leaving his employer no choice under immigration law but to dismiss him.

Immigration law states that it is the responsibility of every company to ensure all employees have the right to work in the UK. There is a penalty of £20k per illegal worker if employers fail to do so.

 

Our Immigration Consultancy Service has dealt with several companies that have been caught out by Home Office fines for just one employee, who they believed had the right to work in the UK, proving not to do so.

For more information about running Right to Work Audits to check your staff click 'HERE

Read the full story in Personnel Today at http://www.personneltoday.com/hr/fair-dismissal-failure-produce-evidence-right-work-uk/