The importance of carrying out proper Right to Work checks

The Home Office has published updates to their guidance for sponsors which reinforce the importance for sponsors, and UK companies thinking of applying for sponsorship, of carrying out correct Right to Work checks.

Right to Work checks

For UK employers it is a mandatory requirement to ensure that all employees have the right to work. This must be done by carrying out checks before employees commence employment.

Carrying out and recording checks in an approved manner will also provide employers with a statutory excuse that will protect them from a civil penalty in the event that they are found to be employing anyone without the right to work. The penalty can be up to £20,000 per employee found to have been without the right to work.

Employers now have an additional motivation to ensure that they remain compliant with the Home Office’s code of Practice on preventing illegal work, as failure to do so may lead to the revocation of the company’s sponsor licence, if they hold one, or prevent the company from being granted a sponsor licence if they wish to apply for one.

In the wake of Brexit and the end of Free Movement, companies who previously could make do without sponsorship licences and simply hire British and EU/EEA nationals may find themselves in need of a sponsorship licence as EU / EEA nationals now fall under the requirements of the Immigration Rules, and require sponsorship to take up UK employment. The rapid rise in the need for sponsorship licences highlights a potential pitfall, in that many of these companies may not be aware of the requirements they must meet in order to gain a sponsorship licence.

Previously, the Guidance for Sponsors on applying for a licence and the Guidance on maintaining compliance advised that companies who had been issued with a civil penalty for employing illegal works in the last five years could have an application for sponsorship refused, or their licence revoked if they held one. The Guidance has now been updated go add that the Home Office may also refuse a licence or revoke one where a company has been issued with a warning notice, rather than a civil penalty, for the employment of illegal workers.

Our Corporate immigration team provides top five tips for Right to Work checks here.

Further information with regards to Right to Work checks and the Covid-19 Concessions can be found in our recent blog.

How Gherson can assist

Gherson has extensive corporate immigration experience and is uniquely positioned to advise and assist companies with all aspects of Sponsor Licence applications, Right to Work Checks, and skilled worker visa applications.

If you have any queries relating to the blogs published, or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

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.

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