Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long has she worked there please?
Hello, I was offline by the time you had responded. Have you spoken to her to get her side of the story on this?
so do you know if this matter will be resolved or if she will actually continue not being eligible to work in this country?
As she has over 2 years' service with you she is protected against unfair dismissal. This means you need to show there was a fair reason for dismissing her and also follow a fair procedure.
A dismissal is potentially fair if the employee "could not continue to work in the position which he held" without either the employer or the employee contravening "a duty or restriction imposed by or under an enactment".
This basically means that if by continuing to employ this person you or the employee will be breaching the law, you can fairly dismiss them.
However, if you wish to use this as a reason to dismiss you must establish that the continued employment would, in fact, breach a statutory restriction at the time of dismissal. It is not sufficient for you to have a reasonable belief that such a restriction applied - you need to prove this is the actual case.
If you can prove that continuing to employ this person will be in breach of the law then you can dismiss them. You would still need to have a formal meeting with the employee and have their side of the story, allow them to be accompanied and then if you are satisfied that it would be illegal to employ her, you can dismiss.
yes that would be as long as you are satisfied for yourself that what they are saying is correct and she is breaching the law - don't just rely on that letter, you need to conduct an investigation for yourself
you should not just rely on what others tell you, you need to ask her for her documents that would show she is entitled to work in the UK, if she cannot produce these, then together with the other evidence you have you can come to a conclusion she is not legally allowed to work here and proceed on that basis
ok then you can proceed with thinking to dismiss, but still need to hold a formal meeting about this
You cannot just dismiss her like that, you still need to follow a fair procedure, you can suspend her on full pay for the time being then arrange the meeting with her and proceed with dismissal, this can all be resolved within a couple of days
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