On February 8, 2024, the Home Office released an updated version of its Employer’s Guide to right to work checks. This latest edition brings significant changes and clarifications aimed at ensuring compliance and safeguarding against illegal employment practices.
Key highlights of the updated guide include:
- Increased Civil Penalties: The maximum civil penalty for non-compliance has been raised, now standing at £45,000 per illegal worker for a first breach and £60,000 per illegal worker for repeat breaches. This emphasizes the gravity of ensuring accurate and thorough right to work checks.
- Removal of 28-Day Concession: The previous 28-day concession allowing late applications to the EU Settlement Scheme for certain employees has been eliminated. Employees, including EEA nationals and non-EEA national family members hired on or before June 30, 2021, must now hold a lawful immigration status permitting them to work in the UK. Employers are mandated to take appropriate action upon identifying employees lacking the right to work, which may involve seeking support from the Home Office or terminating employment after taking legal advice.
- Supplementary Evidence: Employers are now advised to obtain additional evidence when hiring individuals engaged in “supplementary employment,” where they work under another employer for their primary role. This precaution ensures compliance with regulations limiting supplementary employment to 20 hours per week.
These updates underscore the Home Office’s commitment to strengthening the integrity of the UK’s workforce and holding employers accountable for upholding immigration laws. By adhering to the revised guidelines, businesses can mitigate risks associated with illegal employment. The guide can be located here: Employer’s guide to right to work checks: 8 February 2024 (accessible) – GOV.UK (www.gov.uk)
