Right to Work: Prove & Check Eligibility
While workers are required to provide the relevant form of evidence of their Right to Work, employers are legally obligated to verify that their employees have the Right to Work before employment commences and, where necessary, to conduct follow-up checks to ensure continued compliance. Under the current system, an individual’s Right to Work may be […]
When an Employee Loses their Right to Work
If you become aware that an employee has lost their right to work, your next steps will be critical to ensure you do not breach your obligations under UK immigration and employment laws. In this guide, we explore the necessary steps for employers and the various implications of an employee losing their right to work. […]
Right to Work Check: Employer Compliance Guide
As a UK employer, you have a legal obligation to comply with the prevention of illegal working legislation. This requires you to conduct a Right to Work check on every UK-based employee to verify they have the requisite permission to perform the work on offer. The Right to Work regime has been subject to extensive […]
Prevention of Illegal Working Guide for Employers
All UK employers are under a duty to prevent illegal working in the UK, regardless of whether they employ foreign nationals. Failure to meet these duties risks enforcement action by the Home Office, including substantial fines. To comply with the so-called Right to Work requirements, there are practical steps that employers must take to help […]
How to Avoid Employing Illegal Immigrants
Employers across all sectors may find themselves falling foul of immigration compliance and facing allegations of employing illegal immigrants. Under current immigration rules, employers operate under specific duties under the prevention of illegal working regime. Where employers are found to be in breach of their immigration compliance duties and are alleged to be employing illegal […]
Immigration Compliance – A Measure of Success
Top tips for measuring immigration compliance cost, return and performance levels There is clearly value to any organisation of avoiding non-compliance with its immigration duties and the resulting consequences – civil penalties, operational disruption, reputational harm. Beyond this, in support of demonstrating value and return on a wider global mobility programme, immigration compliance offers significant […]
3 Signs of Breaching Immigration Duties
The Home Office’s tough, low-tolerance stance toward illegal working contuses to push immigration compliance high up the business risk agenda. UKVI has extensive powers to investigate and enforce illegal employment issues across all sectors and types of organisation. Civil penalties also provide a welcome income stream for the Home Office. UK employers should be under no […]
Avoiding Civil and Criminal Penalties
Now more than ever, employers have to ensure that they carry out the government-prescribed document checks when hiring new employees. Failing to do so exposes employers to high civil penalties and since 12 July 2016, possible criminal prosecution. The statutory excuse The law does not explicitly require employers to perform document checks on all new employees. […]
New Criminal Offences for Employing Illegal Workers
From 12 July 2016 employers face hefty fines and significant jail terms if there is ‘reasonable cause to believe’ they have been employing illegal workers. Before these amendments an employer could plead ignorance when it came to employing illegal workers. Employers would only have criminal charges brought against them if it could be proved they […]
Mobility Trends and Immigration Compliance Issues
Businesses with global operations are using and adapting different types of mobility to deploy and develop talent, and to tap into global talent pools. But current mobility trends are creating greater compliance issues from an immigration point of view. Talent swaps One of the fastest emerging modern mobility trends is the talent swap, where employees from different […]