Right to Work Checks on Employees

Recently, many UK Employers have been fined upto GBP 20000 for employing illegal employees. The Employers have argued that they had conducted the right to work checks, but to no vail.  In majority of the cases, the UK Home Office has continued to maintain their position that the employers failed to do the right to work checks or did not do the checks properly. Most of the appeals decisions have gone against the employers and the fine maintained.

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Further, under the new laws, in addition to the fine, the Employer(Business Owner/Director, etc.) can be sent to jail for 5 years and required to pay an unlimited fine if the Employer is found guilty of employing someone who the Employer knew or had ‘reasonable cause to believe’ didn’t have the right to work in the UK. Some examples of reasonable cause to believe include the employee did not have a leave to enter/remain in the UK, their leave had expired, they were not allowed to do certain type of work, their papers were false, etc.

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There are various reasons why an employer is held liable for failing to do the right to work checks properly:

• The employee produced forged or someone else's documents

• The employees visa has expired and the employer failed to recheck the employee's right to work

• The employee informed the employer that he has filed his visa application, but in the eyes of the Home Office, the employee does not have a right to work

• The employee informed the employer that his case in an appeal, but in the eyes of the Home Office, the employee does not have a right to work

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Our services includes:

• Conducting employees right to work checks on behalf of the employer

• Notifying employers 3 months in advance of their employees visa expiry

• In case where the employee has filed his/her visa application and is awaiting a decision from the Home Office, we can review his/her case & documents and confirm his/her right to work to the employee in writing, which can be used as a defence for employing an individual with no valid leave to remain

• In case where the employer has filed his/her visa appeal with an Immigration Tribunal and is awaiting an appeal hearing, we can review his/her case & documents and confirm his/her right to work to the employer in writing, which can be used as a defence for employing an individual with no valid leave to remain

(We are covered by sufficient Professional Indemnity Insurance to cover fines, if any)