Terminations must respect complex rules and the rules of an employee’s employment country. The off-boarding is always handled by the Employer with the primary stakeholders. It may include ad-hoc fees as well as required or recommended steps on specific termination cases.
Terminations in the UK can be complex. There is no at-will termination in the UK for employers outside the probation period and termination must be done for just cause.
Compliant terminations include:
Fair dismissal
Unfair dismissal
Constructive dismissal
Wrongful dismissal
Notice Period
The minimum notice period is 1 week and will be increased according to the length of the employment.
1 week if the length of service is 1-2 years
1 week for every year of service on 2 - 12 years
12weeks if the length of services is 12+ years
Severance for Employees
In the UK, all employees who are terminated due to redundancy are entitled to severance pay. Severance pay is calculated as follows.
0.5 weeks pay for each year of service where the employee was below the age of 22
1 weeks pay for each year of service where the employee was between 22 to 40 of age
1.5 weeks pay for each year of employment where the employee was 41 and over
If employers want to recruit from outside the UK, workers need to meet certain requirements and apply for the appropriate visa first; each visa has different requirements. Employers need to have a sponsor license to hire most workers outside the UK – which can take several weeks to process. Following the end of the Brexit transition period, from 1 January 2021, the free movement of persons between the UK and EU has ended. The UK has introduced an immigration system that treats all applicants equally, regardless of their country. Also effective from this date, Citizens of the European Union, Switzerland, Norway, Iceland, and Liechtenstein can apply for the EU Settlement Scheme.
Foreigners can visit the UK for up to 6 months without a visa to travel, visit family and friends, undertake short-term studies, attend job interviews, etc.
For longer stays, foreigners need to apply through the UK immigration points-based system via the UK government to score the necessary points for entry eligibility criteria must be met. This system aims to prioritise skills and talent over where someone comes from. Irish citizens need not apply for a work permit to live and work in the UK, as free movement, rights, and privileges between these countries continue to be protected by the Common Travel Area arrangements. In most cases, to be eligible to come and work in the UK, a confirmed job offer is required or written confirmation of transferring to the employer’s UK office.
There are many types of work visas for the UK, for both short- and long-term stays. All require different information regarding the foreigners’ skills and qualifications depending on the job being offered/sponsorship, the type of work involved, and whether there will be a requirement to bring the family.
The most requested long-term work visas in the UK include:
Skilled Worker – allows holders of this visa to live or stay in the UK and work in a qualifying role with an approved employer. The visa is valid for up to 5 years before renewal is needed. To be able to get this type of visa, a confirmed job offer is essential. The role must also be in a reported list of eligible occupations on the government website.
Intra-company – Transfer or Graduate Trainee – these are the visas for foreigners being transferred to the UK. There’s also an intra-company visa specifically designed for graduate trainees being transferred as part of a program for managerial or specialist roles.
The role must also be in a reported list of eligible occupations on the government website. The amount of time allowed to stay depends on many factors, as detailed on the government website.
Health and Care Worker – a long-term visa designed for medical professionals coming to the UK to do an eligible job with the NHS, an NHS supplier, or adult social care. There are minimum criteria that an employee must meet to be eligible, together with a confirmed job offer. This role is valid for five years before renewal.
A ‘certificate of sponsorship’ from the Home Office, approved by an employer, is also a prerequisite for all these visas.
The process takes between 3-8 weeks, and the costs associated with applying for the right to work in the UK differ depending on the type of visa or permit but are usually made up of an application fee, a healthcare surcharge, and a minimum amount of money as initial settlement/support.
The UK government has announced the implementation of a new visa scheme for ‘high potential individuals’ to allow people from top universities to work in the UK for 2 years – or 3 years if they hold a Ph.D. – and to switch to other long-term employment visas at the end of this period if they meet certain requirements. The scheme is open to all eligible graduates, regardless of nationality, and a prior job offer is not required.