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Employment law

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Is it legal for a UK business to have an employee with a pre-settled status that does not actually perform any work for the business and is only kept so their pre-settled status remains active? The employee has also been a registered worker in another country outside of the UK while still being employed at the UK business.
What are the legal implications involved?
Is the business doing something illegal here?
Is the employee also doing something illegal?

Comments

  • Are they being paid?
  • TELLIT01
    TELLIT01 Posts: 17,986 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    If you can prove the claims you are making then it may be an immigration issue.  Who that should be reported to, I don't know.
  • Undervalued
    Undervalued Posts: 9,558 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It is perfectly lawful to pay to retain an employee's services even if they are not currently working. It is also lawful to suspend an employee, on full pay, for more or less however long the employer chooses. There doesn't have to be a reason.

    So I don't see any employment laws being broken here.

    As Tellit01 has said, there might be immigration issues. Although, as the employee presumably has the right to be there and work, I don't see why that right disappears if they don't actually do so.

    Unless you are either the employer or the employee, what business is it of yours? 
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