As you are likely already aware, carrying out compliant right-to-work checks is vital for businesses, as is acting appropriately if an issue arises, such as an employee ceasing to have the right to work in the UK.
Right to work issues can be tricky for businesses but it is important to get it right. You may find it helpful to be aware that:
Updated Employer’s Guide to Right to Work Checks
The Home Office has published an updated employer’s guide to right-to-work checks which applies to checks carried out on or after 13th February 2024.
Civil Penalties for Non-Compliance
Your business can be subject to a civil penalty (a fine) if you employ someone who does not have the right to work and you did not do the correct checks, or you did not do them properly. The new Home Office Guidance makes it clear that the maximum civil penalty for non-compliance has been increased to £45,000 per illegal worker for a first breach and £60,000 per illegal worker for repeated breaches.
Criminal Offence for Knowingly Employing Illegal Workers
It’s a criminal offence to employ someone who you knew or had ‘reasonable cause to believe’ did not have the right to work in the UK.
Increase in ‘Right to Work’ Issues
We have recently seen an increase in businesses experiencing ‘right to work’ issues. In some cases, these can be particularly challenging for a business as it may involve both immigration and employment law aspects. Whilst we are unable to advise on immigration, you may find it helpful to be aware that the government has produced a range of resources online to support employers and there is the Home Offices’ Employer Enquiry Helpline (0300 790 6268) available. It’s worth bearing in mind that in some circumstances you may wish to seek specialist immigration advice on the situation you are facing.
If you need assistance with the employment law aspect of a matter you are dealing with, for example, you are considering terminating an employee’s employment as you are concerned they no longer have the right to work in the UK, please get in touch before acting.
If you have an HR matter you would like assistance with, please don’t hesitate to contact us as we are here to help.