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April 4 2018

The Pitfalls of Employee Immigration Status

What can employers do if they discover a staff member's status is not what it appears? And if they do decide to dismiss an employee, to what extent may they become exposed to the possibility of an unfair dismissal claim?

In the case of Baker v Abellio London Limited, the employee was employed for three years when his employer requested documents for proof of his right to work in the UK. He challenged under the Immigration Act of 1971. Employers who wish to terminate the contract of employment of an employee without satisfactory evidence of their right to work in the UK should be prepared to defend a potential unfair dismissal claim based on either illegality or alternative grounds.