It is now more important than ever to ensure that your business adheres to employment laws. Right to work checks are a requirement for businesses that can have serious consequences if not met.
Recent government guidance highlights the fact that work-based migration is driven by certain sectors who are forced to rely upon overseas recruitment because of shortages in skills, training, and conditions here at home. In its white paper on immigration, the new government manifesto has pledged to “end the long-term dependence on overseas workers for some sectors of the economy” by introducing workforce and training plans in sectors like health and social care and construction.
The government plans to raise the threshold for skilled workers to RQF 6, and above (Degree Level). The number of occupations that are eligible will be drastically reduced, in line with the government’s strategy to link skills and migration.
These changes make it more important than ever for small business owners to stay vigilant in terms of compliance.
What are Right to Work checks?
All UK employers are required to conduct a right-to-work check. These checks verify that the individuals you hire have the legal right of work in the United Kingdom. The Home Office has prescribed a process for conducting these checks before the start of employment. This includes keeping copies of all acceptable documents and inspecting them.
It is clear from the new guidance that employers who wish to hire from abroad must be willing to do their part to increase recruitment of domestic workers. The new guidance also introduces the Temporary Shortage list, which provides limited access to the Points Based Immigration system for occupations that do not meet RQF 6.
Employers are required to comply with certain legal requirements
You have a legal obligation as an employer to:
- Before hiring any employees, check their right to work in UK.
- Follow-up with employees who have been granted a limited-time work permit
- During the employment period and two years after, keep a record of all checks.
- To establish a legal excuse, ensure that all checks are conducted in accordance with the Home Office guidelines.
To avoid discrimination, it is important that these requirements are applicable to all employees, regardless of nationality.
Non-compliance can have severe consequences
Many small business owners undervalue the importance of not conducting proper right-to-work checks. Non-compliance penalties are intended to act as a deterrent.
- Civil Penalties: Employers that hire illegal workers knowingly face significant financial penalties, and even higher fines if they repeat the offense.
- Criminal prosecution If you employ someone without the right to work legally in the UK you may face criminal charges that could result in jail time and/or a fine of unlimited amount.
- Business disruption : You may be faced with restrictions in your business operations and/or the closure of your premises.
- Damage to reputation: Employing illegal workers can seriously damage the reputation of your company and its relationships with customers, suppliers and partners.
- Disqualification from being a director You may be disqualified and unable to run your own company.
Immigration system changes
According to the latest guidance, immigration is undergoing a significant reform. The document states that the Immigration Salary List, which offers discounts on salary thresholds, will be eliminated. In addition, the Migration Advisory Committee will review salary requirements.
The guidance will also address eVisa Transitions. This will offer a better end-toend experience to individuals during their entire journey – from proving immigration status, through living, studying, or working in the UK. People will be able to control their data and documents more easily with real-time access.
The following are the key changes that have been highlighted in this guidance:
- The creation of a temporary shortage list to allow limited access to the Points Based Immigration system
- Sectors must have workforce strategies that maximize the UK workforce
- No more restrictions on the bringing of dependents to work for jobs below RQF 6.
- The exploration of reforms that would allow a small pool of UNHCR-recognised refugees and displaced persons to apply for employment via existing sponsored worker routes
How professional HR support can protect you and your business
You don’t need to carry this burden alone. Professional HR support that is focused on right-to-work compliance can:
- Check that all checks are carried out correctly and in compliance with the current legislation
- Secure documentation systems to meet Home Office requirements
- Employees with limited status should be notified in advance of any follow-up check.
- You will be kept informed about any regulatory changes that may affect your compliance obligations
- You can rest assured that your business will be protected from potential penalties
In a rapidly changing immigration landscape, it is important to ensure that your business adheres to the right-to-work requirements. This is both a legal requirement and a vital safeguard for your operation. Small business owners need to be proactive, as the UK government is tightening up regulations, increasing the threshold for skilled workers, and highlighting the importance of domestic recruitment.
The right to work check is a crucial part of compliance in the workplace. Failure to perform it correctly can have severe consequences for your business, including legal and reputational issues. Professional HR support allows businesses to confidently navigate the complex requirements and stay on top of legislative changes. This will protect them from expensive penalties and help them build a solid foundation for future growth.
