Immigration status
[ch 4: pages 45-46]The fact that an employee does not have the legal right to work in the UK is a fair reason for dismissal. Employees who work illegally are barred from bringing unfair dismissal claims (see page 25).
Employers are liable for large financial penalties if they employ illegal workers. To avoid a penalty all checks must be completed before someone starts work. Where a worker has limited right to remain, additional periodic checks are required.
Employers are obliged to ask all job applicants to produce original documents. Copies are not good enough. The employer must apply to the Home Office Employer Checking Service if the originals are with the Home Office.
Where an employee has already started work but the employer carries a spot check, inability to produce proof of the right to work in the UK in a reasonable time without justification is likely to provide a basis for a fair dismissal.
An employer carrying out immigration checks should treat all staff equally, regardless of race, nationality, ethnicity or colour. The UK Border Authority has produced guidance and a Code of Practice to prevent unlawful discrimination.