In the UK, all businesses must diligently ensure they are not employing individuals without proper working rights. By conducting thorough document checks, businesses can shield themselves from potential legal ramifications and civil penalties.
Understanding the Right to Work in the UK
It’s imperative for employers to validate that every prospective employee possesses the necessary work rights. Before hiring, it’s crucial to perform these checks. When considering hiring an individual from outside the European Economic Area, it’s essential to ensure they either have, or can secure, work permission.
Documents from either the Home Office’s List A or List B must be acquired. List A encompasses individuals with indefinite UK working rights, whereas List B caters to those with time-restricted permissions. Securing and maintaining accurate document copies in an unalterable format grants you a ‘statutory excuse’ against potential penalties should it later emerge the employee lacked the right to work. Without these specific documents, this protection isn’t available.
Ensure that all document verifications are done in person and before the individual commences work. Several facets of these documents need inspection, and it’s advisable to document each verification step.
Retain an unmodifiable copy of all pertinent documents for a minimum of two years post the employee’s departure.
In cases where the individual has time-limited UK rights, it’s essential to conduct periodic checks.
Discrimination on racial grounds in hiring practices is illegal. Consequently, to prevent biases, every prospective employee’s documents should be verified.
If a candidate is unable to establish their working rights, hiring them isn’t advisable. For existing employees with expiring permissions, if they cannot validate their working rights, discontinuing their employment becomes essential.
What Should Employers Be Aware Of?
By diligently conducting right to work assessments, employers can steer clear of Civil Penalties. Proper document verifications grant a ‘statutory excuse’, shielding businesses from potential penalties.
However, these checks won’t insulate you from legal action if there was prior knowledge of the employee’s work restrictions.
The Home Office routinely shares lists of businesses penalised, accessible publicly via their website. Additionally, they frequently issue media releases, highlighting businesses found guilty of illegal employment practices.
For those considering a Tier 2 or 5 Sponsor Licence, any prior infringements related to illegal employment will be detrimental to your application.
How Highwood Solicitors Can Assist
Our dedicated immigration solicitors at Highwood Solicitors are proficient in the intricate nuances of right-to-work assessments. Collaborating closely with businesses, we aid in fortifying HR processes, and can assist in the design and review of existing workplace checks. Our goal is to streamline this often complex process, safeguarding your business against any potential immigration compliance pitfalls.
At Highwood Solicitors, we pride ourselves on our accessibility and forward-thinking approach. Our committed team excels in delivering transparent and dependable immigration advice, all within a cordial, professional framework.
Contact Us
For expert business immigration advice, please reach out to Highwood Solicitors at +44 (0) 1206523714.