EMPLOYERS’ DUTY TO PREVENT ILLEGAL WORKING

More and more businesses are being served with civil penalties in relation to illegal workers being employed in the UK.

Employers in the UK have a statutory obligation to ensure that the employees have legal right to work in the UK. A business could be fined up to £20,000 per illegal worker, if an employee does not have the right to work and if appropriate verification of the right to work has not been conducted. Additionally, sponsor licence holders could have their licenses revoked, preventing the business from engaging migrant workers from outside the EEA.

In the context, it is crucial that employers follow the Home Office guidance “An employer’s guidance to right to work checks”. The guidance sets out an approved list of documents required. Only a robust process in place for carrying the right to work checks will provide an employer with protection during the Home Office audits.

A compliant recruitment process is essential for those looking to take advantage of foreign workforce and a lack thereof may lead to hefty fines. Our business immigration team can help with all aspects of right to work checks, therefore please do not hesitate to contact us for further advice and assistance.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2017