Tag Archive: immigration

Brexit: Deal on EU citizens agreed in principle

On 8 December 2017, an agreement in principle was reached between the UK and the EU on the future rights of EU citizens currently living lawfully in the UK.  In short, the Government has announced that these individuals will be able to stay in the UK and enjoy broadly the same rights and benefits as they do now.  This agreement applies equally to UK citizens currently living in the EU. However, a word of caution – this agreement is subject to the important caveat that ‘nothing is agreed until everything is agreed’.  For now, the Government maintains that EU citizens do not need to take any steps at this stage to establish immigration status.

The key aspects of agreement on EU citizens include:

  • The key date for establishing rights will be 29 March 2019.
  • EU citizens who legally reside in the UK before 29 March 2019 will be able to stay in the UK, and close family members will be able to join them after the UK has left the EU (where that relationship existed before, and continues after, 29 March 2019).  These family members include spouses, unmarried partners, children, grandchildren, dependent parents and grandparents.
  • Individuals already holding a permanent residence document on 29 March 2019 will have that document converted into a new document free of charge, subject only to verification of identity, a criminality and security check and confirmation of ongoing residence.
  • Individuals who have acquired permanent residence rights can leave the UK for up to 5 consecutive years without losing their residence rights.
  • EU citizens with settled status and temporary permission to stay will continue to have the same access as they currently do to healthcare, pensions and other benefits.
  • The implementation and application of citizens’ rights will be monitored in the UK by an independent national authority; its scope and functions to be discussed in the next phase of negotiations.
  • Administrative procedures for applications for status will be transparent, smooth and streamlined. In particular, the UK will not be able to require anything more than is strictly necessary and proportionate to determine status.  Application forms will be short, simple and user friendly, and a proportionate approach will  be taken to those who miss a deadline for application where there is a good reason. A period of at least 2 years will be allowed to submit status applications.
  • The Government will announce further details on the administrative processes in the first half of 2018.  Individuals can be kept up-to-date via the website Status of EU citizens in the UK: What you need to know
  • Details of the immigration rules for EU citizens who arrive after 29 March 2019 and during the implementation period are yet to be agreed.
  • The Government has published case studies to help individuals determine their status rights.

For further information, or to discuss how we can help manage the impact of Brexit on EU nationals in your workforce, please contact Kate Hodgkiss, or your usual DLA Piper contact.

Permanent link to this article: http://www.dlapiperbeaware.co.uk/brexit-deal-on-eu-citizens-agreed-in-principle/

Government publishes details of administrative processes for EU nationals

The Government has today published further information on the new administrative processes which will apply to EU nationals in the UK who wish to apply for settled or temporary status post-Brexit. In brief:

  • The future status and rights of EU nationals will be defined in the Withdrawal Agreement (WA).  The WA will be incorporated into UK law, enabling EU citizens to enforce those rights.
  • A new application system is being designed from scratch.  Applications will be for either (1) settled status – 5 years’ continuous lawful residence as a worker, self-employed person, student, self-sufficient person of family member thereof; or (2) temporary status – lawful residence before a specified cut-off date, with settled status available after 5 years’ residence.
  • The application process will be streamlined, user-friendly and digital, utilising existing government data to minimise the documentary evidence an individual is required to supply. Proof of comprehensive sickness insurance will no longer be required for those who are studying or economically inactive. It will also no longer be necessary to account for every trip taken in and out of the UK.
  • The cost of the application will not exceed the cost of a British passport.
  • EU nationals who already have a Permanent Residence certificate will be subject to a simplified process with a reduced fee.
  • EU nationals will be given sufficient time to make their application post-Brexit – estimated to be 2 years. The Government is also planning to set up a voluntary process which can be used pre-Brexit for individuals who want to establish their new status as early as possible.
  • There will be an administrative review system to resolve any challenges to status decisions and, after that, recourse to the courts as now.

Full details can be found on the Government website, Status of EU citizens in the UK: What you need to know.

Permanent link to this article: http://www.dlapiperbeaware.co.uk/government-publishes-details-of-administrative-processes-for-eu-nationals/

Brexit: Update on future rights of EU citizens in the UK

In an update to our Be Aware article of 12 July 2017, Government publishes proposals for EU nationals, the UK and the EU have just concluded the latest round of their Brexit negotiations which will be of interest to employers who are monitoring developments as part of a communications strategy for keeping EU nationals in their workforce informed of the latest position.

In this latest round of negotiations, the Home Office has reported that progress has been made in relation to the rights of EU citizens living in the UK and UK nationals in the EU.  In particular, the UK has agreed to protect the rights to reciprocal healthcare, including European Health Insurance Cards (EHICs) for EU citizens in the UK and UK nationals in the EU who are present on the day of exit.  The UK and EU have also agreed to protect the rights of some cross border workers and are also said to be nearing a deal on preserving professionals’ rights to practise after Brexit.

Many issues remain outstanding, however. These include agreement on the rights of EU national posted workers, some aspects relating to permanent residence including the need to apply for a new residence document, and the rights of future family members.  This table highlights progress to August 2017.

The next round of negotiations is due later in September 2017.  In the meantime, the Home Office’s webpages, Status of EU citizens in the UK: What you need to know hold the latest information.

Permanent link to this article: http://www.dlapiperbeaware.co.uk/brexit-update-on-future-rights-of-eu-citizens-in-the-uk/

Brexit: Impact on European nationals in your workforce

The rights of European nationals[1] currently living and working in the UK has been one of the most high profile aspects of the Brexit process, and it remains a hot topic. The consistent message from UK Prime Minister, Theresa May, has been that securing the status of, and giving certainty to, European nationals already in the UK, and to UK nationals in the EU, is a priority for the Government.  For now, however, there is very little information about the Government’s proposals, and any plans must of course be negotiated with the remaining EU member states. It remains to be seen how these negotiations will ultimately play out.

This leaves any employers with European national employees in an uncertain playing field, with very little to go on in terms of future planning. Despite this, however, there are some key issues that employers can think about now with the aim of making the transition into any new regime as smooth as possible.

Reassurance is key

First and foremost, employers should reassure their European national employees that, for now, nothing has changed – and that there will be no change until Britain formally exits the EU. For many employers, European nationals will play critical roles within the business, and preventing a talent drain will be vital to the business’ future success. At best, little might change for existing European nationals in the future; at worst, being able to retain employees in the interim period will allow the business some time to plan for the future.

How many employees are affected?

Employers should carry out a comprehensive audit of their UK workforce to identify how many European nationals are employed, and what their current immigration status is. This review is essential, both to be able to support affected employees properly, and also to allow the business to assess the impact on future workstreams and skills, and to structure contingency plans for the future.

What sort of assistance might you be able to offer?

Employers should consider what level of support they are willing to offer their European national employees to understand the options available to them and to progress any applications to consolidate their immigration status in the UK. These options will depend on the length of time the employee has lived in the UK and include the employee applying for a registration certificate, a permanent residence certificate or British citizenship.  Appointing a ‘go-to’ person with responsibility for dealing with any employee queries may be helpful.

Beware of discrimination

Employers must be careful to ensure that any decisions relating to employment are not discriminatory towards any particular nationality; for example, employers should avoid the temptation to avoid recruiting European nationals simply because of the Brexit uncertainties.

It is also essential that employers are alive to the impact of Brexit on employee relations in the workplace. Employers should review, communicate and give high-level backing to their equality and diversity policy to ensure employees understand their rights and responsibilities not to discriminate or harass other employees, including in relation to another employee’s nationality.

Keep abreast of the Government’s proposals

In principle, the UK and the EU appear to be agreed on the need to secure a reciprocal deal to guarantee the rights of the 3 million or so existing European nationals in the UK, and the 1 million or so British nationals living in the EU. However, there are countless other issues on the table to be considered, not least in this context –  matters such as unborn children, and the ability to move, marry, divorce and claim benefits, to name just a few.  It is perhaps unsurprising therefore that, to date, the Government has not put forward any concrete proposals.  Employers should therefore keep a close watching brief to ensure they are up-to-date with the latest information.

If you would like to discuss the impact of Brexit on European nationals in your workforce, or would like a copy of our Snapshot publication on this issue, please email Kate Hodgkiss.

[1] In this article, European nationals denotes nationals of the EU, EEA and Switzerland

Permanent link to this article: http://www.dlapiperbeaware.co.uk/brexit-impact-on-european-nationals-in-your-workforce/

Immigration Act 2016: New provisions now in force

The Immigration Act 2016 represents a significant milestone in immigration regulation creating additional duties and responsibilities on individuals and businesses. Immigration is increasingly under the spotlight and likely to remain so for the foreseeable future so it is therefore vital for employers to be fully aware of their responsibilities to effectively manage their risk.  Key features of the 2016 Act include the introduction of a new criminal offence of illegal working, criminal liability for employers who employ workers with reasonable cause to believe they do not have the necessary right to work in the UK and increased penalties for those who are found to have broken the law.

The substantive provisions of the 2016 Act are being brought into force in various stages, most recently on 1 December 2016.

By way of summary these are:

  • Closure Notices and Compliance Orders

New penalties now apply to offenders who have been found to be repeatedly employing illegal workers, or failing to pay a civil penalty notice. The new enforcement regime gives the Home Office the power to close an employer’s premises for up to 48 hours. All paid or voluntary work on premises subject to a closure notice will be prohibited.

Following the issue of a closure notice the matter will be urgently referred to a County or Sheriff Court for consideration. In those circumstances the court may apply a Compliance Order which may impose additional specific requirements on employers to follow to make sure that they do not commit further offences. The Court will have a wide discretion as to the measures that it can impose. At the same time it is important to note that an employer will have a defence against a closure notice if it can show that the appropriate right to work checks were carried out.

The potential closure of premises for up to 48 hours without notice or process will be of particular concern to businesses for whom such premises are key, and it is therefore vital for employers to be aware of their obligations in relation to illegal working and in particular to carry out right‑to‑work checks at the appropriate time. Also worth bearing in mind is the provision in the legislation for an application for compensation to be made for businesses which have suffered losses caused by closure orders.

  • Right to Rent Provisions

As of 1 December 2016 it is a criminal offence to rent a property to someone who is not lawfully residing in the United Kingdom. This provision follows on from the recent introduction of “right to rent” checks obliging landlords in England and Wales to conduct checks on tenants. The new landlord/tenant provisions come with strict penalties with potential custodial sentences of up to five years for offenders. This is relevant to employers who provide housing as part of the terms of employment and may present a particular risk to such employers with a cross-border workforce.

Although the legislation is now effective it remains to be seen how it will be enforced by the authorities and interpreted by the Courts. What we do know, however, is that the Home Office are taking steps to “strengthen our immigration system” against a backdrop of getting tough on illegal working. Employers should therefore review their processes to make sure that they are well placed to deal with an inspection and any resulting action.

Permanent link to this article: http://www.dlapiperbeaware.co.uk/immigration-act-2016-new-provisions-now-in-force/

Employers: Do your ‘right to work’ checks stand up to scrutiny?

Business immigration issues have not been far from the headlines since the Brexit referendum in June 2016 and, at the weekend, Theresa May announced that Britain will decide for itself how it will control immigration and that it “will be free to pass [its] own laws”. One of the key areas of focus in recent months has been on illegal working, where there have been significant developments. July 2016 saw the introduction of new measures creating a wider criminal offence with increased criminal sanctions, and the implementation of new enforcement powers for the Home Office – see our Be Aware alert of 11 July 2016 for full details. Further reforms are also expected in coming months including a power to temporarily close businesses that continue to employ illegal workers.

Alongside the new legal regime, the Home Office has been continuing to investigate employers of all sizes to identify whether any workers are being employed illegally. In the period January to March 2016 alone, the Home Office identified over 1,100 illegal workers employed in the UK and issued over 800 penalties, amounting to a gross figure of over £14 million. It also published the names of those employers on whom a penalty has been imposed, and who have not made payment, or have been served with further penalties.

This potential liability for criminal and civil sanctions, and significant damage to reputation, means that illegal working is an issue that employers cannot afford to ignore and must tackle head-on. Auditing  current workforces and existing procedures for carrying out “right to work” checks is a critical part of this process.

Take our 60 second quiz now to identify whether your ‘right to work’ checks stand up to scrutiny.

If you would like further advice or information, including our publications, ‘Right to work in the UK: Checking the status of your workforce’ and ‘Checklist: Right to work in the UK?’, please contact Kate Hodgkiss, Partner in our Employment group, or your usual DLA Piper contact.

 

Permanent link to this article: http://www.dlapiperbeaware.co.uk/employers-do-your-right-to-work-checks-stand-up-to-scrutiny/

The ill-treatment of domestic migrant workers because of their immigration status does not amount to race discrimination under the Equality Act 2010

Bethan Odey and Emma Phillips, Senior Associates in our Birmingham office, comment: The recent case of Taiwo v Olgaigbe and another; Onu v Akwiwu and another [2016] UKSC 31 has highlighted the issues which can arise in respect of the employment rights of migrant workers. The case involved Ms Taiwo and Ms Onu, both Nigerian nationals who entered the UK lawfully with a domestic worker’s visa. Ms Taiwo and Ms Onu were subjected to mental and physical abuse, paid less than the minimum wage and denied the required rest periods. Eventually, Ms Taiwo and Ms Onu fled their employers and later brought employment proceedings against them.

In Ms Taiwo’s case the tribunal upheld her claims for unlawful deduction of wages, failure to provide the required rest periods and failure to provide written terms of employment. However, the tribunal dismissed her claims for direct and indirect discrimination under the Equality Act 2010. In Ms Onu’s case the tribunal upheld the same claims, but also held that Ms Onu had been constructively and unfairly dismissed, and that she had been directly discriminated against on the grounds of race.

The two decisions were appealed. The EAT dismissed Ms Taiwo’s appeal and upheld Ms Onu’s employer’s appeal, stating there had been no direct or indirect discrimination. The appeals were then heard jointly in the Court of Appeal where the decisions of the EAT were upheld. The decision of the Court of Appeal was itself appealed to the Supreme Court where it was held unanimously that the treatment of the two employees did not amount to direct or indirect discrimination.

The counsel for the employees conceded that this was not a case of indirect discrimination, which in the Supreme Court’s opinion supported the view that that the mistreatment was not because of the employees’ race but for other reasons. The Supreme Court considered that Parliament could have chosen to include immigration status in the list of protected characteristics, but it chose not to. Although immigration status is a “function” of nationality, the reason why the employees were treated so badly was because of their particular vulnerability arising from their immigration status. It had nothing to do with the fact that they were Nigerian.

The Supreme Court went one step further and advised that Parliament may wish to address whether the remedy provided by section 8 of the Modern Slavery Act, which introduced rules regarding supply chain transparency for organisations, is too narrow and whether the jurisdiction of an employment tribunal should be expanded to allow them to grant compensation for the ill-treatment handed out to employees such as Ms Taiwo and Ms Onu. It seems that without this change, vulnerable migrant workers will continue to be denied sufficient remedy for any grievous harm they may suffer. The new Prime Minister has since confirmed that a new UK cabinet taskforce will address violations of the Modern Slavery Act, £33.5 million will be provided in official development assistance funding and further powers have been granted to law enforcement bodies in respect of modern slavery at sea. The judgment in this case also highlights the importance of having in place correct right to work visas as, should a claim be brought by a migrant worker, this will highlight, in a public tribunal hearing, any deficiencies in respect of right to work documents.

Permanent link to this article: http://www.dlapiperbeaware.co.uk/the-ill-treatment-of-domestic-migrant-workers-because-of-their-immigration-status-does-not-amount-to-race-discrimination-under-the-equality-act-2010/

Business immigration in post-Brexit Britain

Matthew Leon, Associate in our Edinburgh office, and Heather Barc, Associate in our London office, comment: A significant consequence of June’s Brexit referendum result is that businesses are left operating in an uncertain environment. Employers now face a number of questions particularly in relation to immigration.  What happens to the status of EU member state nationals in the UK?  What can be done to ensure that businesses are able to continue resourcing their businesses effectively with the right skills?

The important thing to remember is that until the UK formally commences the Brexit process by triggering Article 50 of the Lisbon Treaty, there is no change to the status quo and it is very much business as usual.  Once Article 50 is triggered there will be a negotiation period, which is expected to last around two years.  The eventual implications of Brexit on employment law and free movement will depend largely on the negotiation process which will take place with other EU member states.

UP FOR NEGOTIATION

There are a number of potential outcomes of the post-Article 50 negotiations –

Option 1: UK leaves EU but remains in European Economic Area (EEA)

One possibility is the UK adopting a similar position to Iceland, Lichtenstein and Norway and remaining a member of the EEA after withdrawing from the EU. The EEA is a separate organisation and is not bound by the EU legal framework but still operates in accordance with the four freedoms: goods, capital, services and workers.

Because free movement is a prerequisite for membership of the EEA it is highly likely that if the UK remained part of this organisation it would be necessary to continue to allow EU nationals to live and work in the UK freely. Under this option UK employers could continue to employ EU citizens freely in their workforce as they currently do.  Another potential option would be to leave the EU and join the European Free Trade Area (EFTA) which operates under a separate legal structure to the EEA.  This option would replicate the Swiss position and would likely involve accepting free movement in exchange for access to the single market.

Option 2: UK leaves EU but applies an amnesty or cooling off period for EU nationals residing and working in the UK

Another possibility is the UK leaving the single market entirely, in which case EU nationals would not automatically have the right to live and work in the UK. In this eventuality the government could take a variety of approaches in relation to EU nationals who are already  in the UK.

Potential options available could be to allow all EU nationals currently in the UK to remain permanently, or to apply a residence or length of service requirement in order to be eligible to settle. The government has advised that it expects EU citizens working in the UK to be eligible to remain after Brexit, so employers with workforces comprising of a significant number of EU citizens can expect that arrangement to continue.  The government has recently released a statement confirming that all EU nationals with 5 years’ lawful residence in the UK will continue to qualify for indefinite leave to remain which may be a helpful indicator of the government’s position in negotiations.

Option 3: UK operates a points based system for EU citizens

The UK currently operates a points based system (“PBS”) for workers outside the EEA. This means that most individuals require sponsorship by a UK employer and must meet certain criteria before they are granted leave to enter and remain in the UK.  One option for the UK would be to leave the single market and apply the PBS system that currently applies to workers outside the EEA to all those workers seeking to work in the UK.

Under this model it is likely that employers would have to sponsor employees from the EU and go through a process to obtain a visa for the employee to allow them to work. This may have implications in terms of costs and management time and it is important that employers remain up to speed on the developments in the Brexit negotiations to ensure that they are properly prepared.

PRACTICAL STEPS FOR EMPLOYERS TO TAKE

Given the range of potential outcomes to the Brexit negotiations, what can employers do to manage their risk and ensure that the transition is as smooth as possible? There are a number of practical steps that can be taken now:

  • Evaluate your current workforce – Although the result of the referendum has no immediate impact on the fundamental principle of free movement, significant changes are anticipated. You should ensure that you have a clear picture of the immigration status of your workforce so that you can identify any areas where you may be heavily reliant on migrant workers so that you can move quickly to put in place contingencies as the specific terms of the Brexit deal become clear.
  • Consider applying for a sponsor licence or expanding the tiers of sponsorship under your existing sponsorship licence – Tier 2 of the PBS allows UK employers with a sponsorship licence to sponsor skilled workers subject to meeting certain criteria. It is a good time to review existing sponsorship arrangements and see if they remain fit for purpose. If you do not have a Tier 2 sponsorship licence, you should consider whether to apply for one. Equally, existing sponsors should review the scope of their licence. It is anticipated that employers may need to rely more heavily on workers from outside of the EU following Brexit and we expect that the UK Visas and Immigration Department (UKVI) will see an increase in their workload as a consequence. This may well lead to longer processing times for sponsor licence applications so it will help to anticipate and address sponsorship requirements ahead of time.
  • Audit your compliance with the existing immigration rules – You should make sure that you are fully compliant with all the existing immigration rules (including conducting right to work checks).
  • Review the status of EU citizens – It may be appropriate for EU nationals to consider their immigration status and, if eligible, to apply for British citizenship or indefinite leave to remain. This will ultimately be a personal decision dependant on individual circumstances and each individual will need seek advice on the personal implications of making an application. However, you may wish to discuss the options sensitively with key employees who may have an opportunity to secure their immigration status.
  • Understand what business visitors can do in the UK – Given the increased media scrutiny over immigration, UKVI will be live to the use of business travel as a way to circumvent immigration rules and visa requirements. You should ensure that you are fully up to date with the latest rules on business visitors and that your international employees are aware of what they can and cannot do in the UK whilst here on business.
  • Keep up to date – Immigration is likely to remain front and centre of the negotiations around Brexit so closely follow any developments. We are watching this space with interest and will issue further alerts as and when developments arise.

Permanent link to this article: http://www.dlapiperbeaware.co.uk/business-immigration-in-post-brexit-britain/

Right to work checks: Extended criminal liabilities for employers

Germaine Machin-Cowen and Aaron Lyons, Associates in our Sheffield office, comment: On 12 July 2016, a number of changes under the Immigration Act 2016 will come into force, including extended criminal offences for employers in relation to illegal working.

Background

All employers in the UK have a duty to prevent illegal working by carrying out certain checks – known as ‘Right to work checks’ – on all employees before they commence employment.

Failure to carry out these checks, and to properly retain copies of right to work documents, can result in civil and criminal liabilities for employers.

  • A civil penalty of up to GBP 20,000 per illegal worker may be imposed if an employer employs someone without the right to undertake the work for which they are employed.
  • A criminal offence will be committed if an employer knowingly employs an individual who does not have the right to undertake the work for which they are employed.

The Immigration Act 2016

With effect from 12 July 2016, the current criminal liabilities will be amended by the Immigration Act 2016 to extend the offence of “knowingly” employing such persons to include employers who have “reasonable cause to believe” that an employee is disqualified from employment by reason of their immigration status.

In addition, the maximum term of imprisonment on indictment for a criminal immigration offence will increase from 2 to 5 years (although the potential for an unlimited fine in addition to such imprisonment remains).

A new criminal offence of illegal working, where an individual works in the UK with the knowledge or reasonable cause to believe that they are doing so illegally, is also being introduced with effect from 12 July 2016. This carries a maximum term of imprisonment of 6 months and allows for the individual’s earnings to be seized under the Proceeds of Crime Act 2002.

Also coming into force on 12 July 2016 is the creation of a new Director of Labour Market Enforcement. There will also be additional powers for immigration officers to search and seize documents in connection with the imposition of a civil penalty where they have reasonable grounds for believing the employer is in breach of their duties to prevent illegal working. There will also be extended powers to impose compliance sanctions and to close businesses which continue to employ illegal worker.

Comment

The changes reflect the government’s continued efforts to create a “hostile environment” for persons who are in the UK illegally, and to clamp down on employers who turn a blind eye to illegal working.

The changes will be of particular concern to employers, as they both lower the threshold for criminal culpability from “knowingly” employing an illegal immigrant to having “reasonable cause to believe” that illegal working or employment of an illegal worker is taking place, whilst simultaneously increasing the maximum penalties.

This means that employers will no longer be protected from prosecution on the basis that they did not explicitly know that an individual did not have the correct immigration permission for the work in question. However, it remains to be seen how the new wider culpability for a “reasonable cause to believe” will be interpreted.

It is therefore important to ensure that right to work checks are properly conducted before an individual begins their employment. If the checks are properly done, this will provide employers with a “statutory excuse” which protects them from civil or criminal liabilities.

Right to work checks

The 3-step checks that employers must undertake to comply with the law and secure the statutory excuse can be summarised as follows:

  1. Obtain the employee’s original documents as prescribed in the Home Office guidance.
  2. Check in the presence of the employee that the documents are original and valid.
  3. Copy and keep the documents securely and record the date of the check and date for follow-up checks.

It should be noted that all of the above steps must be conducted, as partial compliance with the above is not considered to be mitigating circumstances for the purposes of civil or criminal liability.

Top tips for compliance

  • Ensure that right to work checks are conducted in full before employees start work and that original documents are obtained, checked and copied in accordance with the Home Office Guidance.
  • Carry out right to work checks on all new employees to avoid discrimination claims.
  • Make the satisfactory completion of right to work checks a condition of any offers of employment.
  • Ensure that employment contracts place an obligation on employees to report any change to their immigration status and also provide for an express right to terminate the employment where the employee is not entitled to work in the UK. Employers may still need to follow a fair process to avoid claims for unfair dismissal but provisions such as these will provide a contractual basis for enforcing the employer’s stance on an individual’s right to work in the UK.
  • Ensure that all documents checked comply with the Home Office’s list of acceptable documents (note that this changes periodically) and that any photocopies of documents are complete and clear.
  • Always record the date on which each check was carried out and keep a record of when any follow-up checks must be made.
  • Be aware of the additional checks required if the employee is a student with work restrictions.
  • Be mindful that some immigration permissions only relate to specified roles, therefore there may be implications if an employee’s role changes.
  • Ensure that records of checks are easily accessible so they can be provided quickly if requested.
  • Be aware that there is a requirement to conduct right to work checks on all employees within 60 days following a TUPE transfer.
  • Note that if the UK leaves the EU the present rights of free movement enjoyed by EEA and Switzerland nationals to come to live and work in the UK may cease, meaning that right to work checks could become more extensive in the future.

Permanent link to this article: http://www.dlapiperbeaware.co.uk/right-to-work-checks-extended-criminal-liabilities-for-employers/