As of 23 September 2024, the Home Office released updates to its Employer’s guide to right to work checks, reflecting a relaxation of rules on supplementary employment for Skilled workers. These changes build upon the initial reforms introduced in April 2024 and further clarify employer responsibilities in this area.
Under the updated guidance, Skilled workers can now take up the supplementary employment under any of the Standard Occupational Codes (SOC) listed in Tables 1 to 3 of Appendix Skilled Occupations of the Immigration Rules. This includes a broader range of occupations eligible for the supplementary work, which is a welcome development for both employees and employers. Notably, the guidance confirms that this flexibility applies to workers with permission granted before or after 4 April 2024, eliminating previous uncertainties.
However, employers should still exercise caution. Supplementary employment must not exceed 20 hours per week and cannot overlap with the worker’s contracted hours in their primary sponsored role. Additionally, employers should secure confirmation from the worker’s primary sponsor that the individual remains employed under their original contract and occupation code. This ensures that all employment conditions are being met.
Should an employer discover that a worker is breaching these terms, the guidance stresses that immediate action is required, which may involve contacting the Home Office or terminating employment.
These changes reflect the government’s continued efforts to balance immigration control with labour market flexibility, benefiting both UK businesses and international talent.
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