Legislation
New quota for non-EU workers
27/08/2010 09:45
Employer sponsors of non-EU immigrant workers may need to reduce their workforce following new government limits on employing non-EU workers, now in force. The government proposes to limit non-EU workers coming into the UK under Tiers 1 (which allows entry to highly skilled individuals) and 2 (which allows entry to skilled workers with a job offer from a UK sponsoring employer) of the points-based system from April 2011. Until then there is an interim limit.
If you are a sponsoring employer, you will receive a letter giving you a quota of non-EU workers. If you employ more than the quota, you may have to terminate the employment of some non-EU workers (even if only by failing to apply to extend the period for which the workers can continue to work legally in the UK).
Employers who must make a choice between two or more non-EU workers could face unfair dismissal claims unless they act properly. You must be able to:
- produce reasonable and lawful business reasons for a decision to dismiss, such as the employee’s performance, knowledge, skills and experience, attendance, time-keeping, disciplinary history, and so on.
- show you have followed a fair and reasonable procedure, which does not unlawfully discriminate against a particular worker or group of workers – for example, on grounds of race or sex.
These are new and untested circumstances for dismissals, so sponsoring employers may wish to review paperwork, policies and procedures to make sure that new employees are clear that the employer may decide not to apply to extend their permission to work in the UK once the initial permission has expired.
Operative date
- Immediate