Right To Work In The UK

The right to work in the UK continues to be a serious concern for employers as penalties for employing those who do not have the right to work are ramped up and the issue remains firmly on the Government's agenda. Brexit is likely to make the issue even more prominent. Two cases in 2016 – Nayak v Royal Mail Group and Baker v Abellio give employers some reassurance that if their procedures are robust, fair and reasonable the tribunals and courts will support them in dismissing employees who cannot clearly show a right to work in the UK.

In the case of Nayak v Royal Mail Group Ltd the Scottish Appeal Tribunal upheld an employment tribunal's decision that Mr Nayak was fairly dismissed for 'some other substantial reason' because his employer had a genuine and reasonably-held belief that he was no longer entitled to work in the UK.