Rights to Work in the UK – this Summer’s Employment Law update
Posted On: 6th October 2016
This summer, new legislation has taken effect in the UK under the Immigration Act 2016. Debra Wyatt, our Client Relationship Manager explains the new rules.
It has never been more important for employers to be fully conversant with legislation affecting the status of their employees.
All employers are now required to comply with the Immigration, Asylum and Nationality Act 2016. Under this Act, employers must obtain, check and retain documentary evidence of an employee’s right to work in the UK before that employee commences employment.
Currently there are criminal liabilities for any employer who “knowingly” employs an individual who does not have the right to undertake work. This summer the Immigration Act 2016 has extended those liabilities to include employers who have “reasonable cause to believe” that an employee is disqualified from employment by reason of their immigration status.
It is vitally important that employers conduct full checks on an employee’s Right to Work prior to their employment commencement date. If the checks are carried out correctly, this will provide employers with a “statutory excuse” which protects them from civil and criminal liabilities.
If you would like a full list of documents which you should use to check eligibility to work in the UK, or if you need any support in this area, then please get in touch with Absolute Works.