How to dismiss someone who loses their eligibility to work in the UK?
The issue of eligibility to work in the UK is something that most employers are aware of. Taking care to check that an employee can take up employment is normally part of a standard recruitment process. But what happens if the employer realises that the employee has lost the entitlement to work in the UK, either because a visa has not been renewed or because the personal circumstances of the employee result in the visa no longer being valid?
In circumstances like this, the employee must be dismissed and the excuse for the dismissal falls under the description of “some other substantial reason”. The employer is entitled to have a genuine and reasonable belief that the employee would be working illegally if they were to continue working for it. On that basis, the employer will have no option but to terminate the employment for some other substantial reason on the basis that the company would be operating illegally if it allowed the employee to work without the relevant permission.
Of course, if the employee receives any evidence that suggests they become entitled to work in the UK, the position may be reinstated.