Right to work in the UK Definition | Legal Glossary | LexisNexis (2024)

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Published by a LexisNexis Employment expert

A person is eligible for employment in the UK if they hold a visa or permit that shows they have Indefinite Leave to Remain, Right of Abode, are exempt from Immigration Control or have no time limit on their stay in the UK.

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TUPE—checklist

TUPE—checklist This checklist gives an overview of the steps to take and issues to consider when the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 apply to a business sale or service provision change. It also highlights relevant Practice Notes and Precedent materials. It is not aimed at clients but may be adapted for that audience. • Legal background ◦ For an outline of the effect and requirements of TUPE 2006 generally, see TUPE and asset purchases—overview • Obtain essential information ◦ Prepare lists of employees and of contact names and telephone numbers for (where relevant) union officials and/or employee representatives ◦ Identify precisely what is being transferred or contracted-out (it may be a business or part of a business or an economic activity) and how this will be defined in the relevant documentation. See Practice Notes: TUPE—business transfers and TUPE—service provision changes—Service provision changes defined. This is particularly important where only part of a business is being transferred ◦ Identify who will be transferring the...

Recruitment—best practice—checklist

Recruitment—best practice—checklist STOP PRESS: The Information Commissioner’s Office (ICO) has published draft guidance on keeping employment records and recruitment and selection which is open for consultation until 5 March 2024, and has also removed the employment practices code (first published in March 2022, and last updated in November 2011) and supplementary guidance from its employment information page. For more information, see Q&A: What is the status of the ICO employment practices code? and ICO removes employment practices code and related guidance from its Employment information guidance page, LNB News 15/12/2023 112. This Practice Note will be updated once the ICO draft guidance is finalised. This checklist provides a summary of the factors that an employer should consider before, and during, the recruitment process. It takes account of the Employment practices code (Code) issued by the Information Commissioner's Office (ICO) and the supplementary guidance to the Code, although these have not been updated to take account of Assimilated Regulation (EU) 2016/679, UK General Data...

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The right to work in the UK—settled status and British citizenship

A person who qualifies for settled status or British citizenship has an unconditional right to work in the UK.Settled statusIf a person has settled status in the UK then they are entitled to work here. 'Settled status', 'indefinite leave to remain' and 'permanent residence' all mean the same thing.Family members may join a person with settled status, and can apply for British citizenship after 12 months.There is a wide variety of categories of person who can qualify to apply for settled status. They include:•persons who have sufficient continuous compliant employment in the UK under various schemes including:◦skilled workers◦sportspersons◦ministers of religion◦innovators◦persons qualifying under the Global Talent scheme◦private servants in diplomatic households◦domestic workers in private households◦overseas government employees◦members of the operational ground staff of an overseas-owned airline◦Tier 1 (Entrepreneur) migrants (reduced to three years continuous employment if ten full time jobs have been created or an extra turnover of £5,000,000 has been achieved)◦Tier 1 (Investor) migrants (reduced to two or three years continuous employment if an investment of £10 million or £5...

Pre-employment checks

FORTHCOMING CHANGE: Under section 193 of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022) the time it takes for certain convictions to become ‘spent’ so that they are no longer automatically disclosed on employment checks will be reduced, provided the individual doesn’t re-offend during the rehabilitation period. Custodial sentences of: (1) up to one year become ‘spent’ after 12 months, (2) between one and four years become ‘spent’ after four years, and (3) over four years do not need to be automatically disclosed to employers where there has been a seven-year period of rehabilitation. These changes do not apply to convictions relating to serious sexual, violence-related or terrorist offences for which the sentence was four years or more. PCSCA 2022 received Royal Assent on 28 April 2022 and the relevant provision is to be brought in by regulations in due course. For further information, see: LNB News 16/09/2020 83, LNB News 10/03/2021 3 and LNB News 28/04/2022 70.This Practice Notes summarises the pre-employment checks that a prospective employer...

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Letter—employee offer letter

Letter—employee offer letter [Subject to contract] Dear [insert name of employee] Following [insert details, eg your successful interview on [insert date]], we are delighted to offer you employment as [insert job title], at a starting salary of £[enter amount] per year. We propose a start date of [insert date]. Full details of all your terms and conditions of employment [are contained in the enclosed employment contract OR will be formalised in our standard contract of employment, which will be sent to you separately once this offer is accepted. The terms of the contract will prevail if there is any conflict between the contract and this offer letter]. [Please [also ]find enclosed your role profile outlining your key responsibilities.] [In particular, I would like to draw your attention to the following benefits[ that will apply to you OR , for which you are eligible]:] • [ [membership of our pension scheme [set out further details, eg type of scheme, contribution rates, any death-in-service benefits];] • [you...

Letter—appointment of nanny or domestic worker

Letter—appointment of nanny or domestic worker [Insert employer name and address] [Insert employee name and address] Dear [insert name of employee] This letter sets out the terms and conditions on which we will employ you as a [full-time OR part-time] [insert job title]. It includes the information we are required by law to give you about the terms of your employment. 1 Start date Your employment will start on [insert date], which will be the date of the commencement of your continuous employment. No service with a previous employer counts towards your period of continuous service. 2 Place of work Your place of work will be at our home[s] at [insert address(es)] or such other place or places as we may reasonably require from time to time. 3 Duties 3.1 Your duties are the usual duties of a [insert title] and we attach a list of what these will usually be. You may be allocated other duties as we may reasonably require from time to time.[ You...

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Where a new employee has an indefinite leave to remain endorsem*nt in their expired passport, would an employer have a statutory excuse against a civil penalty if they obtained a positive verification notice from the employer checking service with a copy of their expired passport? If not, would the employer need to wait until the employee receives their biometric residence permit before they can commence employment?

Where a new employee has an indefinite leave to remain endorsem*nt in their expired passport, would an employer have a statutory excuse against a civil penalty if they obtained a positive verification notice from the employer checking service with a copy of their expired passport? If not, would the employer need to wait until the employee receives their biometric residence permit before they can commence employment? A system of civil and criminal penalties for employers who hire illegal workers exists for employment commencing from 29 February 2008 under the Immigration, Asylum and Nationality Act 2006 (IANA 2006). Under IANA 2006, s 15 employers who unwittingly employ an illegal worker (ie without immigration permission) are liable to pay a civil penalty unless they can benefit from the statutory excuse. For further information, see Practice Note: Illegal workers—civil and criminal sanctions. A correctly conducted right to work check can provide an employer with a statutory excuse against a civil penalty for employing a person illegally, should it be that...

If an individual is on a spouse visa and separates from their partner, when do they lose their right to work in the UK—is it upon separation, or when the separation is reported to the Home Office, or when their leave is curtailed?

If an individual is on a spouse visa and separates from their partner, when do they lose their right to work in the UK—is it upon separation, or when the separation is reported to the Home Office, or when their leave is curtailed? See Practice Note: Conditions of permission to enter or stay in the UK. People granted permission to enter or stay in the UK for a limited period frequently have conditions attached to their permission. These can include restrictions on work, occupation, study or claiming public funds, and a requirement to register with the police. A condition of permission can restrict or prohibit certain activities or access to certain services in the UK. It can also make a specified action mandatory. Section 3(1)(c) of the Immigration Act 1971 provides that any, or all, of the following conditions may be attached to a person’s grant of limited permission to enter or stay in the UK: • a restriction on work or occupation in...

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Immigration weekly highlights—2 May 2024

Welcome to the 2 May 2024 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

Share Incentives weekly highlights—2 May 2024

This week's edition of Share Incentives weekly highlights includes a focus on executive pay as the AGM season continues.

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