One of the basic requirements on all employers is to ensure that the people they employ have permission to work in the UK. From April 2022 the process that employers need to follow when conducting right to work checks changed – you can no longer accept physical cards or permits, you must undertake digital checks.
Civil penalties are imposed on organisations that have employed an individual who does not have permission to work. If found to be employing workers who do not have the right to work, employers can face a penalty of up to £20,000 per worker.
The Home Office has produced guidance, but at 72 pages long, many employers may not be familiar with the specifics. It’s very important that employers understand how to conduct right to work checks. If a right to work check is undertaken correctly, employers are likely to have a statutory excuse against liability for a civil penalty. If not undertaken properly, a civil penalty may be imposed.
To help you, we have produced this helpful guide to help employers understand their obligations and what checks they need to undertake to ensure that someone they recruit has a right to work.
The views expressed in this article are the personal views of the Author and other professionals may express different views. They may not be the views of Lambert Chapman LLP. The material in the article cannot and should not be considered as exhaustive. Professional advice should be sought in connection with any of the issues contained in the article and the implementation of any actions.