On 7th August 2023, the UK Home Office announced new regulations targeting illegal migrants, UK employers who found employ illegal migrant workers will be fined £45,000 per illegal worker for a first breach, and repeated breaches will see fines up to £60,000.
Under Rishi Sunak’s government, addressing immigration figures has emerged as a primary focus. A cornerstone of this commitment is Sunak's determination to tighten regulations surrounding the migrants of small boats across the English Channel.
It is unclear how many are living in the UK illegally. However, a study conducted in 2020 by the Greater London Authority projected that there could be between 594,000 and 745,000 undocumented individuals in the UK, approximately accounting for 1% of the total UK population.
The Home Office believes that ‘illegal working and renting are important factors driving the number of migrants crossing the Channel to claim asylum". Immigration Minister Robert Jenrick said the move would help stop migrant boats.
Since 2018, the Home Office has fined £88.4m against employers for employing illegal migrant workers with around 5,000 civil penalties.
Ensuring compliance and preventing unintentional employment of undocumented migrants is paramount for UK employers. Vigilance in verifying the 'right-to-work' status of every employee is crucial to avoid potential fines and legal issues.
Conduct a ‘Right-to-work’ check before employing anyone
As an employer in the UK, you have a legal responsibility to check the right to work of all your employees. This includes both new and existing employees, and it applies to all workers, regardless of whether they’re British citizens or foreign nationals with or without indefinite leave to remain in the UK.
Right to Work checks verify that new hire has the right to work in the UK before they start their new job. Employers must check acceptable documents that prove that the employee is legally allowed to work for them before they employ that person. This is typically done by the Human Resources (HR) team who oversees the process.
When is a Right to Work Check required?
As an employer, you need to check your employee’s right-to-work before they start work in your company. You’ll also need to conduct follow-up checks if someone has time-limited permission to stay in the UK.
To avoid being fined, it is important to keep your records of right-to-work checks up to date. It is required by the Home office that you must have a robust HR system in place to keep compliant with the Home Office guidelines.
How to check a Job Applicant’s right to work?
To check someone’s right to work, you’ll need to contact the Home Office via the Employer Checking Service (ECS) to confirm any right to work. To do this, you’ll need the candidate’s full name, date of birth, nationality, job title, hours worked per week, home address in the UK and Home Office reference number or case ID (if they have one). Don’t forget that you’ll need to get the candidate’s permission to make the check.
Need Assistance?
WorkPermitCloud understands how right-to-work checks can get a little complicated at times, which is why we offer solutions to make this process easier and more efficient for you.
Get in touch with us now to get the right-to-work check done and avoid being fined.
Reference:
https://www.gov.uk/government/news/tripling-of-fines-for-those-supporting-illegal-migrants
