right to work – how hard can it be?

16
Right to Work How hard can it be? Stefan Sosnowski Director 25 th February 2016 (Talent Leaders Connect) This document does not constitute legal advice and only reflects the opinions of the author

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Page 1: Right to Work – How hard can it be?

Right to Work

How hard can it be?

Stefan Sosnowski

Director

25th February 2016 (Talent Leaders Connect)

This document does not constitute legal advice and only reflects the opinions of the author

Page 2: Right to Work – How hard can it be?

How real is the impact?

This document does not constitute legal advice and only reflects the opinions of the author

Page 3: Right to Work – How hard can it be?

Illegal working civil penalties - penalties issued

between 1 January & 30 June 2015

£10,585,000 in the first 6 months 2015 (avg£19,638 per fine) representing 859 illegals

Regions

Number of

penalties

Number of

illegal

workers

found

Value of

penalties

issued (£)*

LSE ME NEYH NW SNI WSW

254

405

67

131

52

71

71

92

37

92

58

Key:LSE - London

& South East

England

ME - Midlands

& Eastern

England

NEYH - North

East England,

Yorkshire &

Humberside

NW - North

West England

SNI - Scotland

& Northern

Ireland

WSW - Wales

& South West

England* This figure is the gross value of penalties issued. The recoverable value will be reduced

due to adjustments made following objections and/or appeals.

68

£870,000£1,677,500£4,995,000 £1,132,500 £835,000 £1,075,000

This document does not constitute legal advice and only reflects the opinions of the author

Page 4: Right to Work – How hard can it be?

Black and White or Shades of Grey?

This document does not constitute legal advice and only reflects the opinions of the author

Page 5: Right to Work – How hard can it be?

Right to Work as per the

No Photocopies

or faxes!

Are you sure that the

document holder is

the owner?

Ensure checks are done

before workers start

and you can prove it

As an employer you are required to check that your employees are allowed

to work in the UK. If you employ illegal workers you could be liable for a civil

penalty. The penalty is now up to £20,000 for each illegal worker and you

may also be prosecuted up to 2 years imprisonment if guilty.This document does not constitute legal advice and only reflects the opinions of the author

Page 6: Right to Work – How hard can it be?

Do you employ students?

• Make sure you have proof that they are studying

• Immigration controlled students (Tier 4) - 20hrs per week

Current rules in place - Check the small print

Expired Passports

• Allowable for UK and EEA member states not for others

• Checks on the anniversary expiry of right to work documents instead of every 12 months

• Expired country ID cards for Europe not accepted

Additional checks you should have for certain documents

• For a number of documents you must received positive confirmation from the Employer Checking Service before you employ – remember these are typically valid for 6 months

This document does not constitute legal advice and only reflects the opinions of the author

Page 7: Right to Work – How hard can it be?

Current rules in place - Check the small print

Re-emphasise - do NOT discriminate– Use the same process for all applicants

including the same time of checking

Working time restricted employment– Tier 2 General - sponsored employees can do an additional

20hrs per week for another company as long as their visa is still valid – check the endorsement carefully

Timing of checks– Before they start & record date of check– Allow time where additional approval is

needed– Extension in the time to perform right to

work checks for TUPE transfers up to 60 daysThis document does not constitute legal advice and only reflects the opinions of the author

Page 8: Right to Work – How hard can it be?

The Immigration Bill 2015-16

This document does not constitute legal advice and only reflects the opinions of the author

Page 9: Right to Work – How hard can it be?

9

A few highlights from the Bill …..Increase in prison sentence from 2 to 5 yearsillegal working becomes a criminal offence Seizure of earnings as criminal proceedsUnclear impact for employers

Will Landlords still be toasting?

Inspectors can close down licenced premises.

February 2016 national role out of Right to Rent. Up to £3,000 per illegal found.

This document does not constitute legal advice and only reflects the opinions of the author

Page 10: Right to Work – How hard can it be?

A few more tasters ….

Need to be legal to have a UK driving licence

Could result in confiscation of the car

Public sector language requirements - a customer facing role do they speak fluent English?

Enforcement penalty unclear

Individual appeals against illegal working orders ‘must be brought from

outside the United Kingdom’.

Employers appeal time to penalties reduced from 31 to 21 days

This document does not constitute legal advice and only reflects the opinions of the author

Page 11: Right to Work – How hard can it be?

De-risking the employment processPut a procedure in place, monitor it, perform spot checks to ensure it is being adhered to and keep an eye on the regulations and guidance to ensure it is current.

Alternatively consider the use of technology.Do you know what valid documents look like and what security features they contain? Could you spot a forgery?Will you know when the rules change?

This document does not constitute legal advice and only reflects the opinions of the author

Page 12: Right to Work – How hard can it be?

Technology is here to help

Technology options available:

1. Copy documents and store the documents electronically

2. Compare against electoral role etc.

3. Perform validation (check MRZ code)

4. Perform authentication (check all security features of the passport)

5. Perform authentication and overlay Home Office guidelines

This document does not constitute legal advice and only reflects the opinions of the author

Page 13: Right to Work – How hard can it be?

How technology can help – Obtain

This document does not constitute legal advice and only reflects the opinions of the author

Page 14: Right to Work – How hard can it be?

How technology can help - Check

This document does not constitute legal advice and only reflects the opinions of the author

Page 15: Right to Work – How hard can it be?

How technology can help - Copy

This document does not constitute legal advice and only reflects the opinions of the author

Page 16: Right to Work – How hard can it be?

Right to Work

How hard can it be?

Questions &Thank you

Stefan Sosnowski

Director

25th February 2016 (Talent Leaders Connect)

This document does not constitute legal advice and only reflects the opinions of the author