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View full libraryThis termination of employment letter provides a clear written record where an employee has failed to provide satisfactory evidence of their right to work in the UK following reasonable requests from the employer. It helps explain the decision, record the checks and opportunities provided, confirm the termination arrangements and set out the employee's right of appeal.
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If you are managing pre-employment checks, the toolkit brings together practical HR templates covering right to work, references, screening, verification and records.
This template brings together the key information, sections and considerations you need to create a clear, comprehensive and professional HR document. Preview the document below.
[Sender name]
[Sender address]
[date]
[Recipient name]
[Recipient address]
Dear [Recipient first name],
Termination of employment – right to work
I am writing to confirm the outcome of the process concerning your right to work in the UK and your employment with [Company Name].
As you are aware, we have requested evidence confirming your continuing right to work in the UK. We originally requested this information on [date] and subsequently contacted you on [dates] to give you further opportunities to provide the required evidence.
The evidence requested was [details of evidence requested / online share code / appropriate immigration document / other evidence].
Evidence and checks considered
We have considered the information and evidence you
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This letter provides a structured way to confirm termination of employment where an employee has not provided satisfactory evidence of their right to work in the UK and the employer is unable to establish that the employee is permitted to continue working. It is designed to record the steps taken before the decision and provide a clear written explanation of the outcome.
The letter explains what evidence was requested, when it was requested and why the information was necessary. It can also record any previous documents, checks or information considered by the employer before reaching the decision.
Before terminating employment, the employer should ensure the employee has been given a reasonable opportunity to provide appropriate evidence or explain why they cannot do so. Where relevant, the employer should consider whether a Home Office verification process is appropriate rather than assuming that a failure to produce documents means the individual has no right to work.
The letter explains that the employer has been unable to establish a continuing right to work and therefore cannot lawfully continue the employment where the necessary permission cannot be established. The wording should reflect the actual checks and evidence available rather than making assumptions about the employee's immigration status.
The letter sets out the termination date, notice arrangements, final salary, accrued holiday and any other contractual payments. It can also confirm arrangements for returning company property and dealing with access to systems and confidential information.
Where termination is treated as a dismissal, the employee should be given an opportunity to appeal. The letter can explain the deadline and grounds for appeal and provide a clear route for submitting any additional evidence or information that may affect the decision.
Related HR resources and workflow
Explore the HR resources that may be relevant before and / or after using the Termination of employment (failure to provide proof of right to work) letter, helping you understand the wider process, maintain appropriate documentation and follow a consistent approach.
The Proof of Right to Work Request Letter provides a clear and professional way for an employer to request the documents or online verification details needed to establish an individual's right to work in the UK.
Use these best practice actions, recommended timescales and process stages to understand when and how the Termination of employment (failure to provide proof of right to work) letter should be used, helping ensure each step is handled consistently and appropriately documented.
Understand the common mistakes to avoid when using this HR template, helping you reduce risk, prevent unnecessary costs and ensure the process is handled correctly.
Potentially, but an employer should first establish what evidence is actually required and give the employee a reasonable opportunity to provide it. Where the employee says they have an outstanding immigration application, appeal or review, the employer should consider whether the Home Office Employer Checking Service should be used.
The employer should not automatically assume that the employee has lost their right to work. Depending on the circumstances, the employer may be able to verify the individual's status through the Home Office Employer Checking Service. The employer should retain appropriate evidence of the checks undertaken.
No. The available method for proving right to work depends on the individual's circumstances. GOV.UK guidance states that employers should not mandate how an individual proves their right to work where another permitted method is available.
Where the decision amounts to dismissal, a fair process should provide an opportunity to appeal. The employee should be told how to appeal, the deadline for doing so and the person to whom the appeal should be submitted.
This depends on the circumstances and the terms of the employment relationship. Employers should take appropriate legal and HR advice before preventing an employee from working or suspending them, particularly where the individual may have an outstanding immigration application or another basis for continuing to work.
AI can produce generic right to work correspondence, but immigration status and right to work checks involve specific UK requirements and can have serious consequences for both employers and employees. HRDocBox provides structured UK HR documentation that reflects the practical checking process, fair procedure and relevant GOV.UK and Acas guidance.
How this content is developed and reviewed
The Termination of employment (failure to provide proof of right to work) letter template is developed using a practical HR methodology that considers current UK employment legislation, ACAS guidance, CIPD good practice and the real-world HR process it supports. Templates and supporting information are regularly reviewed and updated, with additional reviews triggered by significant changes to legislation, guidance or established HR practice, helping ensure each document remains practical, relevant and suitable for UK employers.
Darryl Horn, Chartered HR Director
Darryl is a Chartered HR professional with over 25 years' experience in senior HR and employee relations roles.
He has extensive practical experience of managing employee vetting HR processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.
HRDocBox has been creating practical UK HR documents since 2009.
"Darryl provides support and advice with excellent judgement, and has a strong understanding of people, policies and UK employment legislation."
"He is someone I trust; consistent, dependable, and committed to doing things properly."
Whether you employ 5 people or 50, hrdocbox gives you the structure, documents and expertise needed to manage employees professionally and legally.
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