The government aims to crack down on illegal workers and target so-called “rogue employers.” These employers exploit the immigration system to secure cheap labour. Like last week’s blog discussing businesses and individuals facing increased tax investigations, the government has appointed more officers to target certain employers. To avoid getting caught in the crossfire, make sure you check your employees’ right to work.
Recent immigration enforcement activity has demonstrated the importance for you as an employer to verify that your workers have the right to work in the UK.
Many enforcement visits, arrests, and fines have been recorded, indicating that businesses failing to comply with these responsibilities may face serious repercussions. You just need to make sure you are not one of them.
Crackdown on illegal working
While immigration enforcement teams target sectors susceptible to illegal employment, such as retail, restaurants, supermarkets, and construction sites, it is essential for employers to verify their employees’ statuses.
According to the government statistics between July and November of last year, enforcement teams carried out thousands of visits across the UK.
These efforts resulted in 770 arrests in London alone, along with nearly 1,000 premises being inspected. Employers who are found guilty of hiring workers without the legal right to work may face fines of up to £60,000 per worker.
In addition to financial penalties, they could also suffer reputational damage and face potential criminal charges.
This is a reminder that you need to make sure you are fully aware of the rules when you employ someone new.
How do you stay compliant as an employer?
Employers are required to carry out right-to-work checks before employing someone. These checks are for all employees, not just foreign workers.
You need to:
- Request sight of original documents: Review the worker’s passport, visa, or other approved documents that prove their right to work in the UK.
- Verify authenticity: Confirm that the documents are genuine, belong to the individual, and haven’t expired.
- Keep records: Retain copies of the documents, including the date you verified them, for at least two years after employment ends.
- For UK or Irish nationals, you can also carry out the check digitally using the Identity Document Verification Technology (IDVT).
- For foreign nationals, the Home Office offers an online employer checking service which is very useful as it provides you with the immigration status of the potential employee. This is if they cannot show you their documents or online status, which is called Right to Work.
What is Right to Work check
In the past, employers could conduct paper checks to verify a foreign national’s right to work in the UK. However, this process was phased out in 2022. The Home Office is now transitioning to e-visas and implementing a more digital approach for checking the status of an individual’s right to work.
As an employer, you must make sure you check your employees’ right to work. This process assumes that your prospective employee is willing to share their immigration status with you. Needless to say, if they are not prepared to share their code at the outset, you will not be able to employ them.
Once the prospective employee shares a code with you then you can check their right to work status.
For further guidance on conducting right-to-work checks, see here. This full document will talk you through how to conducts the checks and what all the terminology means because it can be quite confusing.
Summary
As an employer, it is your responsibility to verify that your potential employee has the right to work in the UK. When you request us to process the employee’s wages, we will assume that you have completed this verification.
You must keep copies of all documentation and download any online checks. Remember that you may need to carry out some checks again if the foreign nationals’ right to work has an expiry date.
The government has made it clear that it will take a strict stance against employers who hire illegal workers. There will be severe penalties, which could even result in business closure. While these checks may seem burdensome and time-consuming, particularly in terms of administration, they are extremely important.
We can not help you with these checks, but we can help you with the other tasks which may take you away from what you should be doing. If you are not yet using us for payroll, we can do that for you. Speak to your normal manager.
If you are not yet working with us, here’s more on how we work.
Also don’t forget the upcoming changes next month, including updates from the Employment Rights Bill, the increase in the national minimum wage, and a rise in National Insurance contributions. Here’s a reminder of the changes.