United Kingdom: Updated Right to Work Guidance Published

CHANGE

DETAILS

IMPACT

Updated civil penalty amounts

• The UK Home Office has updated the guidance to reflect that from February 13, 2024, increased civil penalties will apply for employing migrants without the required right to work. The increased civil penalty amounts are set out in the Code of Practice on preventing illegal working: RTW Scheme for employers.
• Further details are outlined in our previous alert.

Amid increased enforcement and fines, employers should ensure their RTW checks and internal auditing mechanisms are sufficient to avoid employing individuals who lack the right to work in the United Kingdom.

Updated process for employers of EEA nationals (or their family members) who did not apply to the EUSS

• The UK Home Office has updated processes for employers who become aware of European Economic Area (EEA) national employees (or a non-EEA family member of an EEA national) who have been continuously employed since June, 30, 2021 but have not applied to the EU Settlement Scheme and otherwise have no right to work or reside in the United Kingdom.
• The Home Office has removed the previous guidance which provided a 28-day grace period in which such an employee could apply to the EU Settlement Scheme to enable the employer to obtain an updated statutory excuse.

• Upon finding out that these individuals do not have a right to work, employers must now take action by contacting the UK Home Office and/or taking steps to terminate their employment.
• Related breaches occurring before February 13, 2024 may incur a civil penalty of up to GBP 20,000 per illegal worker. Breaches occurring on or after February 13, 2024 may incur a civil penalty of up to GBP 60,000 per illegal worker.

Right to work checks for prospective employers providing  ‘supplementary employment’ for sponsored workers

• In certain instances, a sponsored worker may take ‘supplementary employment’, which is employment separate from that specified on their certificate of sponsorship.
• The amended guidance now provides more detail about what employers should do to verify that a prospective sponsored worker being offered supplementary employment has the right to work.
• Employers should confirm their right to work by requesting appropriate evidence, for example, a letter from the sponsor or other alternative evidence.

The more precise guidance on information that employers should gather for individuals performing ‘supplementary employment’ will allow employers to better comply with RTW check rules.