The owner of a food shop has been fined £40,000, by the Home Office, for failing to comply with the legal right to work in the UK. The Home Office can impose a fine on employers who are employing people illegally.
In this recent case, the person was using another individual’s identity. A copy of a British passport was provided along with confirmation of the national insurance number and receipts matching the name on the passport. Unfortunately the employer did not follow the guidelines associated with the Home Office.
It is reported that there has been a 51 per cent rise in arrests associated with illegal workers. Employers could be faced with a civil penalty of fines up to £60,000 per illegal worker. There is also the reputational risk where the employer is reported to be recruiting people illegally.
Employers have the legal obligation to ensure that their employees have the right to work in the UK, and they are required to conduct checks. Checks should be conducted before the employee is contracted to start employment. Without the necessary proof of the right to work, the employer can refuse to offer work until the employee provides the required documents.
Right to work checks
Where the employer is conducting manual right to work checks, they should see the original documents and verify that they have seen the original documents.
The employer may be required to conduct an online check, to provide their share code, where they do not have a UK or Irish Passport.
It is advisable to check that the employee has the right to work, and can provide the necessary documents, during the recruitment process. This is often a condition of the employment offer, and enables the employer to retract the job offer if the employee is unable to provide the necessary documents as outlined in the Home Office guidance.
With upcoming legislation relating to the Employment Rights Bill, specifically relating to the right to work checks being extended to include self-employed workers, this is going to put more pressure on employers. In particular, in the food and retail industries where employers rely on flexible staffing levels to meet their business demands, this is going to increase the onboarding processes.
If you are looking to outsource your right to work process, or would like some guidance on how to make your processes robust to comply with the legal requirements, then reach out to our team of HR Consultants on 0345 646 0406 or fill in our online enquiry form and we will be in touch.