What to Do If an Employee Loses Their Right to Work in the UK

By Jamie Cameron, Senior Associate and Megan Summers, Solicitor at Burges Salmon | Updating author: Huw Cooke, Senior Associate at Burges Salmon

It is illegal for an employer to employ an individual who is subject to immigration control and who does not have the appropriate immigration permission to work in the particular role.

Employing foreign nationals illegally can give rise to civil and criminal penalties, including fines and imprisonment, as well as jeopardising the employer’s status as a registered sponsor and the immigration permissions of the individuals whom it sponsors. Employers may also be subject to an illegal working closure notice and illegal working compliance order.

Individuals may also be guilty of an offence of illegal working and subject to imprisonment and/or a fine.

In the event that an employer becomes aware that a foreign national’s permission to work in the UK has expired or is due to expire, and where it would be illegal for it to continue to employ them, it will need to take action. However, employers need to reconcile the need to prevent illegal working with their employment law duties towards the employee. The employer should follow a fair procedure and ensure that there is a fair reason for dismissal before terminating an employee’s contract.

Our guide explains how employers should deal with a situation in which an employee no longer has the right to work in the UK, in compliance with employment law obligations.

In this guide, learn about:

• Put procedures in place to prevent illegal working
• Understand why a foreign national might lose the right to work in the UK
  • Original immigration permission expires
  • Breaches of immigration permission
  • Loss of dependant status
  • TUPE transfer
  • Employer loses its sponsor licence
  • Employee never had the right to work
  • EEA or Swiss national does not have settled or pre-settled status
• Carry out an investigation
• Make use of the 28-day grace period where applicable
• Use the Employer Checking Service where appropriate
• Ensure that there is a fair reason for dismissal
  • Contravention of statutory duty or restriction
  • Some other substantial reason
• Notify the employee
• Notify the Home Office if required

Want to see more?

For full access to How to deal with an employee who no longer has the right to work in the UK, sign up to a HR and Compliance Centre subscription today.