In this episode of our Workforce WorldView podcast, Magali Ferreyra Alvarez and Annabel Mace explore the legal challenges businesses often face relating to an employee’s right to work in the UK. They provide practical insights on the complexities of navigating UK immigration and employment law, while managing risk and avoiding civil penalties of up to £60,000 or even criminal prosecution.
They answer key questions, such as:
When should employers carry out right to work checks?
What should an employer do if a new hire or existing employee cannot provide the required proof of the right to work?
Do right to work checks vary depending on an employee’s immigration status, nationality and start date?
What should an employer consider from an immigration and employment law perspective if it thinks that an employee may not or does not have the right to work?
How can employers manage the employment law implications of dismissing an employee for not being able to prove their right to work?
What steps should employers take to ensure compliance with the duty to prevent illegal working and navigate the competing risks of immigration penalties and employment tribunal claims?
For more advice on the prevention of illegal working and right to work checks or any questions relating to UK business immigration matters, please contact your usual team member at the firm, or Annabel Mace, partner and head of UK Business Immigration.
