On 1 October, major changes to the Right to Work rules took effect, widening their scope and potentially impacting employers of all sizes.
What you need to know
Most employers and businesses already know (or should do!) the need to carry out Right to Work (RtW) checks before employing someone. If you don't do this, you could end up facing civil penalties of up to £60,000, as well as criminal penalties, for employing an individual with no right to work in the UK.
Even if you're already fully on top of this, it's important to know that since 1 October this year, the RtW regime has changed significantly.
- The checks scheme now covers a wider range of working relationships, including contractors, subcontractors, and individuals identified by online matching services.
- The liability for civil penalties no longer sits only with a business that has a direct contract with a worker.
A plan of action
As a business, there are several steps you can take to minimise your compliance risks under the new rules:
- Check your arrangements involving contractors, subcontractors, labour supply chains, substitution clauses, and online platform arrangements to identify who or what's affected.
- Review contracts and supply chain documentation to ensure appropriate RtW obligations, warranties, indemnities, and audit rights are included.
- Confirm that any digital verification service provider you use for RtW checks is registered with the government.
- Train staff responsible for onboarding workers, contractors, suppliers, or platform arrangements so they understand the new requirements.
Where to find out more
You'll find the new rules explained in the UK Government's Employer's Guide to Right to Work Checks, which also includes details of how to check that a digital verification service provider is registered.
Even with this guide at your fingertips, you will still need relatable, reliable support to understand what the new rules mean for your business, and how best to handle the changes.
Our experienced employment law and immigration team can help you implement a compliance plan, as well as guiding you through other aspects of RtW checks and immigration law.
