Immigration

United Kingdom | Updates to RTW Guidance for Employers

Summary

New guidance for employers on the prevention of illegal working published with updates focused on right to work checks for workers who are not direct employees.

A new version of the Home Office’s Employer’s Guide to Right to Work Checks policy document published on 23 September 2024 takes a much firmer position around right to work checks on self-employed, contractors and agency workers.

Checks on all workers are now “strongly recommended” and, for sponsors, the prevention of illegal working remains a key sponsorship duty.

The Detail

Employers are only liable for a civil penalty (fine) for illegal working relating to a direct employee of the company.

However, as we have always advised clients, there are compelling reasons why employers should verify the right to work for all persons working for them – for example, agency workers, contractors and the self-employed.

If illegal workers are found and removed from a business premises this could result in:

• severe reputational damage and disruption to business operations;
• adverse impacts on health and safety and safeguarding; and
• potential invalidation of insurance if the identity, qualifications and skill levels of relevant individuals are not as claimed.

For sponsor licence holders, this could also trigger a Home Office audit and ultimately impact on the validity of a sponsor licence.

Prevention of illegal working has long been a key sponsor duty and the new guidance makes clear that sponsors must conduct checks on all workers, including those who are not direct employees, and retain evidence of these checks, in order to comply with their sponsor duties.

Accordingly, as before, sponsors – and all employers – are strongly advised to check their contracts to see where the responsibility for completing the right to work checks lie and put in place some safeguards that demonstrate oversight that the checks are being undertaken. Alternatively, these checks should be carried by the business directly.

This is a significant undertaking and we would strongly recommend that you speak with our compliance team before implementing any changes to your onboarding program.

Contact us

For a deeper discussion on the above, please reach out to us at immigrationcompliance@vialto.com, reach out to your Vialto Partners point of contact, or alternatively:

Lyudmyla Davies
Partner (Solicitor)

Ian Robinson
Partner

Andrea Als
Director (Solicitor)

Tom Marsom
Director (Solicitor)

Lucy Vaux
Senior Manager (Solicitor)

Further information on Vialto Partners can be found here: www.vialtopartners.com

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