Update on UK employers’ right-to-work checks

Ensuring compliance with right-to-work regulations is a crucial aspect of safeguarding your business against potential risks and penalties. The recent updates from the Home Office underscore the importance of staying informed and being proactive in your approach to right-to-work checks.

Firstly, the increased maximum civil penalties demand attention. With fines now reaching up to £45,000 per illegal worker, and £60,000 for repeat breaches, the financial implications of non-compliance have escalated significantly. For employers, these changes highlight the importance of maintaining meticulous records and robust verification processes.

In the past, if an employer found out that an EEA national (or a family member who is not from the EEA) employed on or before 30 June 2021, hadn’t applied to the EU Settlement Scheme, the employer had a 28-day grace period. During this time, immigration enforcement would not intervene, allowing the employer to help the employee apply late. However, this grace period has been eliminated. The updated guidance specifies that if an employer discovers that an existing employee no longer has the right to work, they must take appropriate action, which could involve seeking support from the Home Office or initiating termination procedures. Prompt action is now imperative.

For employers engaging workers under supplementary employment, additional duties have been imposed. Ensuring compliance with visa restrictions and securing adequate evidence of adherence to sponsored roles are now integral components of the verification process.

In this dynamic regulatory landscape, staying updated is crucial. Regularly reviewing and adapting your procedures in line with the updated guidance is a must in order to mitigate risks and protect your company’s reputation.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, 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 do not 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 2024