At the start of 2024 the Government introduced a new statutory code of practice with the aim of preventing illegal working. The requirement for employers to do these was first introduced by the Asylum and Immigration Act 1996 which was the only guidance available to employers.
In the last half of 2023 employers were fined nearly £8M with almost 400 penalties and 685 illegal workers identified. All employers must ensure they have robust recruitment and selection practices in place that are compliant with the Code.
The starting point for a civil penalty is now £45,000 per worker for a first breach and £60,000 per worker for repeat breaches. Reductions may be applied if there are mitigating factors or if it is a first penalty and payment is made in full within 21 days.
The code applies to all right to work checks, including where a follow-up check is required. To establish a statutory excuse against a civil penalty employers must do one of the following before the employee commences employment:
- a manual right to work check;
- a right to work check using identity document validation technology via the services of an identity service provider (British and Irish citizens only); OR
- a Home Office online right to work check.
Employers must also carry out follow-up checks for employees who have a time-limited right to work.
At Expert HR Solutions Ltd we believe Employers should:
- Read and familiarise themselves with the new code of practice. It can be found HERE!
- Review (and update) existing policies to ensure that right to work checks, files and processes are up to date and compliant with the Governments requirements.
- Provide training to employees responsible for carrying out right to work checks.
- Where possible, carry out a review of right to work checks held for the current workforce, particularly if sponsoring migrant workers.
If you would like help on this or any other employment law matter please call us on 01202 611033.
