right to work checks advice for employers
Every employer in the UK is under a duty to prevent illegal working and so therefore must conduct a number of checks on all prospective employees prior to the commencement of employment. Once an employee has satisfied those checks, they are then permitted to work (though it is important to note that an employer may have to renew those checks at regular intervals). Whilst these checks are relatively easy to complete (once the correct policies and checklists are in place), the number of employers that are penalised for failing to complete these checks is quite astonishing.
Did you know that for London and South East England alone, almost £3.5 million in Civil Penalty Notices were issued between 1 January 2015 and 31 March 2015 (£3,247,500 to be precise)? For the same three month period, a total of nearly £9 million in Civil Penalty Notices were issued for the whole of the United Kingdom. For each illegal worker (or worker without the appropriate documentation) an employer can face a Civil Penalty Notice of £20,000 as well as up to 2 years imprisonment. These are consequences that can easily be avoided by employers so long as they have a clear policy in place and regular audits to ensure that those policies are followed. Due to the current political climate surrounding immigration and illegal working, it is quite likely that the levels of Civil Penalty Notices will increase as greater time and resources are poured into Immigration Enforcement. The Prime Minister is also keen to introduce new powers which allows the Government to seize wages earned whilst a worker was deemed to be working illegally on the basis that those earnings are proceeds of crime. The implications for such a new power are yet to be seen but it is certainly indicative of the fact that the responsibility of monitoring foreign migrants is slowly being transferred from the Home Office to the private sector.
Howard Kennedy can advise on all aspects of UK immigration law, including advising individuals or businesses on matters such as ‘right to work’ checks. We can draft clear policies (with checklists), to ensure compliance, as well as provide regular training updates and on-site audits so as to ensure the greatest level of protection. We also have experience in defending businesses against Civil Penalty Notices (which may have been issued in haste or in error) as well as negotiating with the Home Office to reduce the level of the Civil Penalty Notice (should it transpire that there is no defence). In this regard, preventative action is the best defence and so if you have concerns about the obligation to complete ‘right to work’ checks please do not hesitate to contact Antonia Torr.
Key contact Antonia Torr Head of Immigration Services T: +44 (0)20 3755 5835 E: antonia.torr@howardkennedy.com
No. 1 London Bridge London SE1 9BG DX 144370 Southwark 4 Tel: +44 (0)20 3755 6000 Fax: +44 (0)20 3650 7000 www.howardkennedy.com Twitter: @howardkennedy_ Linkedin: howard-kennedy