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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
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I'm an employer, not British. I live in the UK under

Customer Question

Hello,
I'm an employer, not British. I live in the UK under my Business visa and today my immigration lawyer told me that I must employ only people who are settled in the UK by my visa requirement so I must sack three guys just because they are not legally settled in the UK (they are EU citizens who have the right to work in the UK though). Also my immigration lawyer suggested me to hire UK citizens only to meed my visa requirements.
However, it looks like discrimination for me if I sack one just because not being settled in the UK but has right to work here. I suppose that I well be taken in to the Tribunal if I terminate their contract just because of this "being settle" point.
Could you tell me please can I sack people because they are not settled in the UK having the right to work here (EU citizens)?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. So to confirm, these people are not legally allowed to work in the UK?
Customer: replied 1 year ago.
Hi Ben,
They are legally allowed to work in the UK as they are EU citizens.
Customer: replied 1 year ago.
They are not settled in the UK s they've been living here less then 5 years BUT they are legally allowed to work in the UK
Expert:  Ben Jones replied 1 year ago.
Has the lawyer told you if there is a specific law which requires you to employ only UK citizens - for example, is there anything in black and white you can refer to which says ou are not legally allowed to employ anyone else if they are not a UK citizen?
Customer: replied 1 year ago.
That's not that simple. There is a Tier 1 (Entrepreneur)of the Points Based System –Policy Guidance where we have a clause "169. Only jobs that are given to people who are settled in the UK will qualify for the award of points."
Customer: replied 1 year ago.
so, there is no restriction about hiring people who are not settled in the UK BUT as I need to employ seined people I need to reject those who are not settled to meet my visa requirement
The question is: can I terminate a contract of an employee just because I need to employ somebody who is settled in the UK?
Customer: replied 1 year ago.
Hello!
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline by the time your replies came in last night. You will struggle to justify that the dismissal of these workers is lawful. You may need to employ settled workers to gain your visa points but that does not mean it should be done at the expense of others, such as these employees which are not settled. So it is not a legal requirement that you cannot employ these workers, the only reason is that you would be getting an advantage in terms of your own needs with regards ***** ***** for the Tier 1. That would not take priority over the employment rights of the employees, who would be able to claim unfair dismissal and/or discrimination. If these people have the legal right to work in the UK then you cannot dismiss them just because they are not settled here. Whilst there is no guarantee that they will make a claim if you were to dismiss them, that is of course a risk so proceed based on that.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Hi Ben,
Thank you for your answer.
Another point in my situation is:
If I advertise that I want to employ only people who are legally settled in the UK could it be considered as discrimination of people who have legal right to work in the UK but not settled yet?
Expert:  Ben Jones replied 1 year ago.
Yes that would be discriminatory too - you should not distinguish between people who are settled in the UK and who have the right to work here. You can employ a mix of those who are settled and those who are not and then it should show that you are not discriminating and you can also claim the points for those who are settled. But a blanket ban on workers who are not settled in the UK will be seen as discriminatory and should be avoided. Hope this clarifies?
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Ben,
Now I have all the answers I need.
Have a nice day!
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best