All employers must ensure that they understand how to carry out right-to-work controls and that they have the correct procedures in place to carry them out. When an employee doesn't claim a paycheck, it becomes an overdue check. Some companies and businesses have definite time limits when it comes to canceling an overdue check. In the event that an overdue check is voided, an employee can generally request a replacement check.
At that time, a replacement check may be issued and there may be a process of suspending payment for the original check. Naturally, the employee who receives a replacement check cannot cash both the original check and the replacement check. Naturally, employers must exercise more caution when the employee in question has been in service for two years. In this case, the most appropriate thing would be to hold a research meeting to explain to them that they are currently dissatisfied with the documents on their right to work and to ask them to submit evidence of their right to work before a certain date.
Because the person may be working illegally, it's important to give them sufficient but brief time to submit their evidence, perhaps just a few days. It should also be clear that if they can't prove their right to work before the deadline, they can be fired. It is therefore important that employers do not act rashly when there is a concern that an employee has no right to work in the UK. If the employee does not respond within 24 months of receiving the letter, the employer sends another letter notifying them that the check will be delivered to the Department of the Treasury.
Therefore, it is crucial that employers understand their obligations to carry out these right-to-work controls and to carry them out properly. From time to time, a notice may be sent to the employer stating that they cannot confirm whether the employee is on leave or not. If the employee has been in continuous service for more than 2 years, he will have the right to file a lawsuit for unfair dismissal even if he has no right to work in the UK. If the verification of the right to work is carried out correctly, the employer will receive a legal exemption from a civil sanction if it is later discovered that he has been employing the person (without his knowledge) illegally.
If the employee's employment contract contains a clause requiring the employee to prove that they are entitled to work in the United Kingdom, the employer could dismiss without notice on the basis of the employee's fundamental breach of a contractual obligation. If you're worried that an employee doesn't have the right to work, you can start taking steps to fire them. In addition, an employer who has knowingly hired or continued to employ unauthorized workers could be suspended or disqualified by HSI under 48 years of age. Therefore, it is not uncommon for an employee to have submitted an application for additional leave and to be waiting for their new visa when the current visa expires.
If you can show that you have complied in good faith with the requirements of Form I-9, you may have established a “good faith defense” regarding the accusation of knowingly hiring an unauthorized alien, unless the government can show that you had real knowledge that the employee was not authorized to work. In an ideal world, the employee will already have their new visa when the follow-up check is carried out and a normal control of the right to work can be carried out. Employers should consider suspending the process if the employee can demonstrate that they have applied for a new leave before their visa expires, in order to carry out a new verification with the ECS. UK employers must verify the right to work of all employees before they start working.
