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Title: Employer Checks of Immigration Status and Employment Law
Authors: Ryan, Bernhard
First Published: 30-Oct-2014
Publisher: Oxford University Press
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)
Abstract: 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.
DOI Link: 10.1093/acprof:oso/9780198714101.001.0001
ISBN: 978-0-19-871410-1
Version: Post-print
Status: Peer-reviewed
Type: Chapter
Rights: Copyright © 2014, OUP. All rights reserved. This material was originally published in Migrants at Work: Immigration and Vulnerability in Labour Law edited by Costello C. ; Freedland M. and has been reproduced by permission of Oxford University Press ; For permission to reuse this material, please visit
Description: The file associated with this record is under a 24-month embargo in accordance with the publisher's self-archiving policy, available at The full text may be available in the links provided above.
Appears in Collections:Books & Book Chapters, School of Law

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