Suspension Letter due to Immigration Issues

The Suspension Letter – Immigration should be used where an employer needs to suspend an employee because their continued employment may be unlawful, for example where they no longer have, or appear no longer to have, leave to remain or the right to work in the UK.

It is intended as a precautionary step while the position is investigated. The purpose is to allow the employer to establish the facts, not to treat the employee as guilty of misconduct.

When to use this immigration suspension letter

This letter can be used where there is a concern that the employee may no longer be entitled to work lawfully in the UK.

It should be read alongside the Disciplinary Policy and Disciplinary Procedure and the Guidance Notes: Disciplinary Procedure.

What the letter covers during suspension

The letter explains that the suspension is a precautionary measure only. It is not disciplinary action and should not be treated as a presumption of guilt.

It also sets out the practical arrangements that apply during the suspension period, including:

- that pay and benefits should remain unchanged; and
- what the employee should and should not do while suspended.

Why suspension must be justified

Suspension should be used carefully and only where justified by the circumstances. An unjustified suspension period may amount to a breach of the implied term of trust and confidence.

In serious cases, that could lead to the employee resigning and bringing a claim for constructive unfair dismissal.

Suspension Letter due to Immigration Issues is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.