Employment law and immigration law are two distinct areas of law. On occasion, they meet each other and can create headaches for employers. We examine what happens when immigration law collides with discrimination law, unfair dismissal law and TUPE.

Employment and immigration: an uncomfortable relationship?

It can be helpful to think of employment law and immigration law as two awkward siblings. They usually get along fine, sometimes they even work together well, but they are distinct beings. Occasionally, they get in each other’s way. When we consider their overarching structure and purpose, the potential for conflict between these bodies of law is clear:

• Employment law governs how the working relationship functions. It is concerned with rights for employees e.g. rights to pay and notice, protection from discrimination and unfair dismissal etc. Employment tribunals and civil courts hear disputes between employers and employees. If an employer breaches employment law, an employee may lodge a claim. If the employee wins, in many cases the employer will be ordered to pay compensation

• Immigration law exists in a parallel world in which the Home Office is king. Immigration law dictates how someone can join a UK workforce from abroad. The Home Office sets, monitors and enforces immigration rules. A fundamental principle is that all employees must have the ‘right to work’ for their employer in the UK. Most non-British/Irish workers need to obtain and hold a work visa before...

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