Evidencing the right to work under Section 3c of the Immigration Act 1971

The vexed question of the right to work under section 3C of the Immigration Act 1971 was considered recently by the Employment Tribunal and Employment Appeal Tribunal in NAYAK V Royal Mail Group Ltd / 0011/15. Lady Wise dismissed the appellants appeal against the ET holding that the employers had acted reasonably and fairly in dismissing the employee. The tribunal found that the employers had made all reasonable enquiries into the appellants circumstances and that the employee had been given ample opportunity to vouch his entitlement to work which he had failed to do.

Although it appears on the facts that the appellant in this case did in fact have legal entitlement to work by virtue of section 3 c of the 1971 Act, the issue turned on whether an employer had a reasonable and genuine belief that the employee no longer had the right to work whether or not that belief was correct or not.

This case is a reminder that for employer and employee alike, right to work policies should be up to date and utilised and for the employee who relies on this statutory provision, that every effort is made and documented to gain confirmation from Home Office.