Immigration law and employment law rarely cross over but when they do it is often in relation to right to work checks. In this podcast employment specialist David Hossack and immigration specialist Stuart McWilliams discuss a recent case - Afzal v East London Pizza Ltd (t/a Domions Pizza) - which dealt with right to work checks and looks at what employers can do to reduce the risk of an unfair dismissal claim where they are unsure about the employee's right to work.
The Home Office has recently issued updated guidance on right to work checks. The significant changes to the guidance - An Employers Guide to Right to Work Checks are:-
The steps employers should take if, in carrying out a right to work check, they consider a prospective employee presents information indicating that they are a non-EEA national who has been a long-term lawful resident of the UK since before 1988, and does not possess acceptable right to work documentation;
- Further clarification on appropriate steps for employers to take in relation to existing employees;
- Clarification of the grace period in cases of Transfer of Undertakings (Protection of Employment) transfers; and
- Ending restrictions on the employment of Croatian nationals with effect from 1 July 2018.