Do I have to pay employees who cannot get to work because of severe weather conditions?
You would be within your rights to refuse to pay an employee who does not appear for work because of severe weather conditions as the employee is not fulfilling their contract of employment. However, the financial cost of paying staff, even though they are not working because of bad weather, may be outweighed by the benefits. Staff morale and your reputation as an employer may benefit in the long run if you pay staff on a snow day.
How do I deal with an employee who has lost the right to work in the UK?
If you become aware that a foreign national’s permission to work in the UK has expired or is due to expire, it would be illegal to continue to employ them. However, employers also have legal duties in respect of their employees and it is important to follow a fair process to avoid a potential discrimination claim.
Firstly, discuss and investigate the employee’s immigration status, review relevant documents and use tools such as the Home Office employer checking service. This online service enables employers to check whether or not an employee has the right to work in the UK in situations where they are unable to provide the appropriate documents.
If you are reasonably satisfied that the employee has submitted an application for a visa extension or a new visa, there is a 28-day grace period after the original immigration permission expires when employment is still lawful. You should document your reasons for being satisfied and any evidence submitted in case of a challenge further down the line. The 28-day grace period also provides a window to investigate and establish if dismissal is necessary. During this period, you should consider other options that would enable you to continue to employ the individual in the longer term. For example, sponsorship or dependant / ancestry routes may enable the employee to continue to work lawfully in the UK.
If you have obtained evidence to justify a decision to terminate employment such as a negative verification notice from The Home Office, write to the employee to confirm the dismissal, the date on which it will take effect and the reasons for the dismissal, including the steps that were taken or options considered to avoid dismissal.
If you have any questions about HR matters, please get in touch with one of the team at FusionHR on 01924 827869.
