[PDF]Letter 1: Reminder that right to work documentation will...
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Letter 1: Reminder that right to work documentation will expire shortly (please delete) Address
[Date]
Address
[Name]
Address
[Address]
Address
Private and Confidential Sent via Email/First class/ Recorded Delivery/ Special Delivery
Dear First name, Re: Invitation to attend a meeting to discuss your right to work in the UK I am writing to inform you that your right to work in the UK documentation is due to expire on date. Please bring documents confirming your continued right to work beyond this date to a meeting with Name as described below: Date:
xxx (at least 2 weeks before the documents are due to expire)
Time:
xxx
Location:
xxx
If you have not yet received your new permission documents, you may prove you have made an application to extend your permission to stay and work within the UK, if you have an acknowledgement letter from the Home Office, OR a copy of your application form (or on-line application) plus proof of postage to the Home Office. Please note that a solicitor’s letter is not sufficient evidence. If you are unable to provide documentation in line with Home Office requirements, or are unable to demonstrate that your application is pending, we will need to suspend you without pay whilst you obtain the documentation, from the date that your documentation expires. Failure to provide proof of your right to work within any further agreed period could result in your dismissal. If you have any questions about this or are unable to attend the meeting, please contact me to discuss an alternative date/time. My telephone number is [number]. Yours sincerely,
[Name] [Job title] cc
Personnel file
1 www.tescoplc.com | +44 (0) 1992 632222 Tesco Stores Limited. Registered office Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, AL7 1GA. Company number: 519500. VAT number GB220 4302 31
Letter 2: Second reminder that right to work documentation will expire shortly (please delete) Address
[Date]
Address
[Name]
Address
[Address]
Address
Private and Confidential Sent via Email/First class/ Recorded Delivery/ Special Delivery
Dear First name, Re: Invitation to attend a meeting to discuss your right to work in the UK As you are aware, your right to work in the UK documentation is due to expire on date. Further to our meeting on date, where you failed to provide documents confirming your continued right to work beyond this date, or demonstrate that you have an application pending, you are required to attend another meeting as detailed below:
Date:
xxx (the colleague’s last working day before their documents expire)
Time:
xxx
Location:
xxx
If you are unable to provide documentation in line with Home Office requirements, or are unable to demonstrate that your application is pending, we will need to suspend you without pay whilst you obtain the documentation, from the date your documentation expires. If you have not yet received your new permission documents, you may prove you have made an application to extend your permission to stay and work within the UK, if you have an acknowledgement letter from the Home Office, OR a copy of your application form (or online application) plus proof of postage to the Home Office. Please note that a solicitor’s letter is not sufficient evidence Failure to provide proof of your right to work within any further agreed period could result in your dismissal. If you have any questions about this or are unable to attend the meeting, please contact me to discuss an alternative date/time. My telephone number is number. Yours sincerely,
[Name] [Job title] cc
Personnel file
2 www.tescoplc.com | +44 (0) 1992 632222 Tesco Stores Limited. Registered office Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, AL7 1GA. Company number: 519500. VAT number GB220 4302 31
Letter 3: Failure to produce right to work in UK documentation: non-disciplinary suspension without pay and invitation to investigation meeting (please delete)
[Date]
Address
[Name]
Address
[Address]
Address
Private and Confidential Sent via Email/First class/ Recorded Delivery/ Special Delivery
Address
Dear First name, Re: Non-disciplinary suspension without pay and invitation to an investigation meeting Further to my letter dated date, requesting proof of your continuing right to work in the UK beyond the expiry of your current permission, I am writing to confirm I have not received the necessary documentation, and therefore you will be suspended from your duties without pay with immediate effect. You are now required to attend an investigation meeting as follows: Date:
xxx (at least 48 hours’ notice)
Time:
xxx
Location:
xxx
This meeting has been arranged to establish why you have not been able to comply with the request to provide your right to work documents, and could result in an invitation to a disciplinary hearing, which may result in disciplinary action being taken, up to and including Summary Dismissal in accordance with the Company Disciplinary Procedures. You may have a representative with you who can be either: -
a person who is employed by the union as an official; another union official who is certified by a union as having received training in acting as a worker’s companion at disciplinary and grievance procedures; a fellow Tesco colleague.
You may also be accompanied by a parent/guardian although they may not act as a representative [only include if colleague is less than 18 years or mentally disabled]. During your suspension please don’t come into work or discuss the investigation with your colleagues. If you’d like to read a copy of our disciplinary policy, please log onto OurTesco / Working at Tesco / People Policies / Solving Problems, or ask your People Manager for a copy. If you have any questions about your suspension or are unable to attend the meeting, please contact me to discuss an alternative date/time. My telephone number is number. If you do not inform us that you will not be attending, and in the absence of any mitigating circumstances, the meeting may be held in your absence. In the event you are able to produce documents confirming you are legally permitted to work prior to this meeting, please forward them to Name as soon as possible. Subject to the documentation satisfying Home Office criteria, you will be reinstated to your duties. Yours sincerely, [Name] [Job Title] cc. Personnel file
3 www.tescoplc.com | +44 (0) 1992 632222 Tesco Stores Limited. Registered office Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, AL7 1GA. Company number: 519500. VAT number GB220 4302 31
Letter 4: Failure to produce right to work in UK documentation: non-disciplinary suspension without pay and invitation to disciplinary meeting (please delete)
[Date]
Address
[Name]
Address
[Address]
Address
Private and Confidential Sent via Email/First class/ Recorded Delivery/ Special Delivery
Address
Dear First name, Re: Invitation to a disciplinary hearing You are required to attend a disciplinary hearing as follows: Date: Time: Location:
xxx (at least 48 hours’ notice) xxx xxx
This hearing will be to discuss why you have not been able to provide documentation confirming your right to work in the UK. You may have a representative with you who can be either: -
a person who is employed by the union as an official; another union official who is certified by a union as having received training in acting as a worker’s companion at disciplinary and grievance procedures; a fellow Tesco colleague. If you would like a representative, please advise us as to who will be accompanying you prior to the meeting.
The representative is: -
chosen by the colleague and is one of the above; permitted to address the hearing; permitted to confer with the colleague during the hearing.
You may also be accompanied by a parent/guardian although they may not act as a representative [only include if colleague is less than 18 years or mentally disabled]. This hearing may result in disciplinary action being taken against you, up to and including dismissal. If you’d like to read a copy of our disciplinary policy, please log onto OurTesco / Working at Tesco / People Policies / Solving Problems, or ask your People Manager for a copy. If you have any questions or are unable to attend the meeting, please contact me to discuss an alternative date/time. My telephone number is number. If you do not inform us that you will not be attending, and in the absence of any mitigating circumstances, the meeting may be held in your absence. In the event you are able to produce documents confirming you are legally permitted to work prior to this meeting, please forward them to Name as soon as possible. Subject to the documentation satisfying Home Office criteria, you will be reinstated to your duties. Yours sincerely, [Name] [Job title] cc Personnel file
4 www.tescoplc.com | +44 (0) 1992 632222 Tesco Stores Limited. Registered office Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, AL7 1GA. Company number: 519500. VAT number GB220 4302 31
Letter 5: Summary dismissal - failure to produce right to work in UK documentation (please delete) Address
[Date]
Address
[Name]
Address
[Address]
Address
Private and Confidential Sent via Email/First class/ Recorded Delivery/ Special Delivery
Dear First name, Re: Summary dismissal This letter confirms the outcome of the investigations and my decision following the disciplinary hearing held on date regarding your failure to provide proof of your right to work in the UK. Following careful consideration of the facts, we have decided to summarily dismiss you in accordance with the Company’s Disciplinary Procedures, as you have been unable to provide sufficient evidence of your right to live and work in the UK. This means that you are dismissed as of date and will be paid all monies owing including any outstanding statutory holiday pay you may be entitled to. However you will not receive any pay in lieu of notice. Any pay earned, and outstanding holiday pay up to this date, will be forwarded to you as soon as practical together with your leaving documentation If you feel that this decision is unfair, you can appeal against your dismissal by completing an Appeal Form, which you can obtain from your People Manager/Partner. This must be returned within seven calendar days of receiving this letter and must detail your grounds for appeal. Further information can be found in the policy on OurTesco under Working at Tesco / People Policies / Solving Problems. If you choose to appeal your dismissal, please be aware that you should not make any decisions regarding your company pension until the final outcome of your appeal is known. If you have any further queries please speak to Name of People Manager/Partner. If you’d like to read a copy of our disciplinary and appeals policy, please log onto OurTesco / Working at Tesco / People Policies / Solving Problems, or ask your People Manager for a copy. Yours sincerely,
[Name] [Job title] cc
Personnel file
5 www.tescoplc.com | +44 (0) 1992 632222 Tesco Stores Limited. Registered office Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, AL7 1GA. Company number: 519500. VAT number GB220 4302 31
Letter 6: Request for right to work documentation (no evidence on file) (please delete) Address
[Date]
Address
[Name] [Address]
Address Address
Private and Confidential Sent via Email/First class/ Recorded Delivery/ Special Delivery
Dear First name, Re: Request for right to work documentation You may be aware of the Government legislation requiring employers to check that all colleagues have the right to live and work in the UK. Employers who employ people who are not permitted to work could be liable for fines of up to £20,000 per illegal worker. It has come to light that we do not have documentation confirming your right to live and work in the UK on your personnel file. Please bring an original document, or documents, (such as a passport/identity card, or a National Insurance card and birth certificate) that confirm that you are legally permitted to work, to Name, before the start of your next working day. A full list of documents that may be produced to prove your right to live and work in the UK are described on the attached sheet. If you have any queries please speak to Name of People Manager/Partner. Yours sincerely,
[Name] [Job title] cc
Personnel file
6 www.tescoplc.com | +44 (0) 1992 632222 Tesco Stores Limited. Registered office Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, AL7 1GA. Company number: 519500. VAT number GB220 4302 31
You must provide evidence from the following Government lists to show that you have the right to live and work in the UK. You may choose which documents to present as evidence. If you choose to provide a document from List 1, you do not need to provide anything else. If you choose a document from List 2, you must provide two pieces of evidence, one of which must be evidence of your National Insurance number. If you choose List 3, you may have to provide one or two documents, as specified.
List 1: please provide one original document:
A passport showing that you are a British Citizen.
A passport/ Identity Card showing that you are a national of the European Economic Area or Switzerland.
A registration certificate or document certifying or indicating permanent residence, issued by the Home Office to you as a national from a European Economic Area country or Switzerland.
A permanent residence card issued by the Home Office to you as the family member of a national from a European Economic Area country or Switzerland.
A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to you, which indicates that you are allowed to stay indefinitely or there is no time limit on your stay in the UK.
A current passport endorsed to show that you are exempt from immigration control, are allowed to stay indefinitely in the UK, have the right of abode in the UK, or have no time limit on your stay in the UK.
Nationals from Croatia If you are from Croatia you will know that you also need authorisation to work from the Home Office before you started working for us. Please bring evidence that you received authorisation. Or
List 2: please provide two original documents:
An official document giving your permanent National Insurance number and name (e.g. P45, P60, National Insurance Card or a letter from a government agency) issued by a Government agency or previous employer.
and one of these…..
A full birth certificate issued in the UK, Channel Islands, Ireland or the Isle of Man (which includes the name(s) of at least one of your parents).
A full adoption certificate issued in the UK, Channel Islands, Ireland or the Isle of Man (which includes the name(s) of at least one of your adoptive parents).
A certificate of registration or naturalisation stating that you are a British Citizen.
A current Immigration Status Document (ISD) issued by the Home Office to you, with an endorsement indicating that you are allowed to stay and work in the UK indefinitely (e.g. permanent Residence Permit).
7 www.tescoplc.com | +44 (0) 1992 632222 Tesco Stores Limited. Registered office Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, AL7 1GA. Company number: 519500. VAT number GB220 4302 31
Or List 3: please provide either one or two documents as specified:
A current passport endorsed to show you are allowed to stay in the UK and are allowed to do the work in question (Endorsements can be in the form of a Residence Permit or Entry Clearance Certificate or Visa stamp).
A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to you, indicating that you can stay in the UK and are allowed to do the work in question.
A current Residence Card (including an Accession Residence Card of a Derivative Residence Card) issued by the Home Office to you as a family member of a national of a European Economic Area country or Switzerland.
A Certificate of Application (which is less than 6 months old) issued by the Home Office to you as a family member of a national from a European Economic Area country or Switzerland, stating you are permitted to take employment.
An Application Registration Card (ARC) issued by the Home Office stating that you are permitted to take employment.
An official document giving your permanent National Insurance number and name (e.g. P45, P60, National Insurance Card or a letter from a government agency) issued by a Government agency or previous employer
and a current Immigration Status Document (ISD) containing a photograph issued by the Home Office, to you, with an endorsement indicating that you are allowed to stay in the UK and to do the type of work in question.
8 www.tescoplc.com | +44 (0) 1992 632222 Tesco Stores Limited. Registered office Tesco House, Shire Park, Kestrel Way, Welwyn Garden City, AL7 1GA. Company number: 519500. VAT number GB220 4302 31
