Employing Internationals

A case which commenced in 2012 and only recently concluded was raised when an employer dismissed an employee based on the belief that they did not have a right to work in the UK.

The Immigration Act 1971 states that a right to work in the UK under an expired visa is acceptable providing an in-time application for an extension is made.  The employee’s work visa expired and they provided a letter from the Home Office confirming his in-time application was being processed.

With fines of up to £20,000 for employers who knowingly employ illegal migrant workers or for those who do so unknowingly but, do not perform all appropriate and regular checks, it is vital that employers are aware of what is reasonable belief.