0207 118 0950 | info@reculversolicitors.co.uk
Employment Solicitors & Lawyers in London. Our Clients think we are:

Dismissal and checking the right to work in the UK

8 April 2016: Checking the Right to Work in the UK:

Employers should check their employee’s right to work in the UK, regardless of their apparent origin (see www.gov.uk/legal-right-to-work-in-the-uk). It is unlawful to employ someone who does not have the right to work in the UK or who is working in breach of their conditions of stay in the UK.

In Nayak v Royal Mail Group reported this week, the EAT held that that the employer’s genuine and reasonable belief that an employee was no longer permitted to work in the UK was sufficient to dismiss fairly for ‘Some Other Substantial Reason’.  Royal Mail had attempted to establish Mr Nayak’s immigration status over a period of several years but he had persistently failed to co-operate.

Mr Nayak unsuccessfully argued that Royal Mail had followed an unfair procedure in subjecting him to unnecessary six-monthly checks that were not required by law. Royal Mail argued that that it had reasonable cause for concern as to whether Mr Nayak had a continuing right to work in the UK.

The case demonstrates that for an ‘SOSR’ dismissal to be fair, the employer merely has to demonstrate that it had a genuine and reasonable belief that (in this case) the employee did not have the right to work in the UK.

We are unfair dismissal solicitors based in London

Funding information

Is funding representation an issue?

Learn more about funding options


Ask a question

If you have a question and cannot find the answer, put your question through our qualified solicitors

Ask a question


0207 118 0950

 

Call me back

Full Name:

Company:

Telephone/mobile:

Email:

captcha


Copyright - Reculver Solicitors
Reculver Solicitors Ltd (Company No. 6910066)
1st Floor, 330 High Holborn, London, WC1V 7QT.
Tel: 0207 118 0950
Fax: 0207 477 2276
Email: info@reculversolicitors.co.uk
SRA logo Solicitors Regulation Authority

Regulated & authorised by the
Solicitors Regulation Authority
SRA No.565284
Website design by Foundry Digital