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Employer Checks of Immigration Status and Employment Law

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posted on 29.09.2015, 12:30 by Bernhard Ryan
This chapter argues that there are unresolved tensions between employers’ duties under employment law and their obligations to check the right to work of prospective and current workers under immigration law. It examines the UK’s comparatively late introduction and development of employer checks on migration status. At the recruitment stage, it highlights a lack of clarity regarding the need to respect a right to work granted by EU law, and the freedom for an employer to prefer workers with a particular migration status. During the employment relationship, the chapter identifies legal uncertainties concerning employer selectivity in checks of current permission to work, and in relation to the payment of employees who are suspended. Upon dismissal, it shows that there are questions concerning the extent of the procedural and substantive protection available to those lacking a right to work.

History

Citation

Ryan, B, Employer Checks of Immigration Status and Employment Law, 'Migrants at Work: Immigration and Vulnerability in Labour Law', Oxford University Press, 2014, pp. 239-256 (18)

Author affiliation

/Organisation/COLLEGE OF ARTS, HUMANITIES AND LAW/School of Law

Version

AM (Accepted Manuscript)

Published in

Ryan

Publisher

Oxford University Press

isbn

978-0-19-871410-1

Acceptance date

03/04/2014

Copyright date

2014

Available date

30/10/2016

Publisher version

http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780198714101.001.0001/acprof-9780198714101 http://ukcatalogue.oup.com/product/9780198714101.do

Notes

The file associated with this record is under a 24-month embargo in accordance with the publisher's self-archiving policy, available at http://global.oup.com/uk/academic/rights/permissions/AutPerm/. The full text may be available in the links provided above.

Language

en