Is it fair to dismiss Employees who are unable to provide documentary evidence of their right to work in the UK?
The immediate answer in everybody's mind would be yes - especially in schools where the burden for employment checks is especially high. S15 of the Immigration, Asylum and Nationality Act 2006 makes it unlawful for an employer to employ and adult who is subject to immigration control. However, under s15 (3) there is a statutory excuse from the penalty if the employer can show that it undertook certain documentary checks.
Furthermore, Keeping Children Safe in Education states at paragraph 102 that schools and colleges must verify a person's right to work in the UK by checking original documents, ensuring that they are valid in the presence of the prospective employee and keeping a record of the checks carried out and copies of documents inspected. If they are uncertain that the right exists they must carry out further checks as necessary.
Questions we have been asked this month
Q. There has been some confusion that has arisen as to the exact salary of a part-time worker. The contract does not state the salary but only refers to it being pro-rated to the full time equivalent. How can we ensure certainty in the future?
A. Whilst it is common practice to state that a part-time salary is pro-rated to the full time equivalent, this can lead to uncertainty where an employee may have been verbally promised a different salary to the actual calculation on paper.