6 Employees who no longer have the right to work in the UK 6.1 The line manager, in conjunction with HR, will establish the position regarding the employee’s right to work in the UK. In the UK, employers are under a statutory duty to ensure that workers have a legal right to work in the UK. What if an employee loses right to work? List A: Documents which provide ongoing evidence of right to work If you are an employer in the UK, whether you employ one person or thousands of workers; whether you are in the private or public sector; you must ensure that your employees have the right to work. DavidsonMorris specialises in supporting UK employers with their Right to Work compliance. The British government instructed everyone to work from home where possible, resulting in unprecedented numbers of employees working from home. Hours of work should be set out in your contract of employment and unless you choose to, you shouldn't have to work more than 48 hours a week. You must carry out this check before the person’s employment starts (not on their first day) to make sure they are legally allowed to do the work in question. Work permit . All UK employers operate under a duty to prevent illegal working. What it's like to work in the UK. Our Right to Work software supports the statutory excuse and our expert helpdesk team are on hand to offer advice and support. Your employees can continue to split their time between the UK and any other EU country with no changes to arrangements before 1 January 2021. The onus is on the employer to check paperwork before any “employment” commences. This will involve contacting the Home Office and seeking verification of the employee’s circumstances, see 5.2-5.5. Consequently, it is the employer’s responsibility to ensure that their employees have the right to work in the UK by first checking they have the correct permission and second, by retaining documentary evidence of the individual’s eligibility. This is the lowest it has been for 40 years. There has been a tornado of confusion in the build up to Brexit for employers. Work in the UK Job market in the UK. The most common route through which you can gain the right to work in the UK is through the points-based system, although there are other relevant routes depending on any family or ancestral links you may have with the UK. when an employee has a time-limited right to work in the UK. The right to request flexible working was extended to all UK employees with at least 26 weeks’ service with the same employer on 30 June 2014. In the UK the average working week is Monday to Friday 9am to 5pm. If you are invited to register with us, you will need to show us original documents from List A or List B below which provide evidence that you have right to work in the UK. 4. Adding to this confusion is the question whether there will be any changes to right to work checks for EU nationals pre and post Brexit? A statutory excuse must be ‘maintained’ by carrying out follow-up checks when required to do so – i.e. In the United Kingdom all employers are required by law to check their employees have the right to work in the UK. In order to verify a candidate's identity, employers must refer to the identity check standard. Those arriving after exit day will have until the same date to apply for European Temporary Leave to Remain (Euro TLR), which will give them the right to live and work in the UK for three years. Right to Work Checklist for Immigration Compliance. This is the case where a worker started working for the employer on or after 29 February 2008 and where his or her right to remain and work in the UK has been granted for a limited period only. When an employee's right to remain and work in the UK ends but the employer is reasonably satisfied that the employee has an outstanding application to the Home Office or an outstanding appeal on that application, the employer has a grace period of up to 28 days during which they will not be subject to a penalty for employing a person who is working illegally. You cannot apply for a work permit directly. This includes carrying out checks before someone starts working for you and keeping a … Why UK right to work checks are important. 3. During this period, you must take extra care to ensure no-one is discriminated against as a job applicant or employee because they are unable to show you their documents. Further useful information As a team of immigration lawyers and former Home Office employees, we provide the guidance and assurance to help you meet your duties on an ongoing basis through legal, analytical and information technology-assisted techniques. Participation in in-work training varies by occupation group, with employees in professional occupations most likely (37.3%) to undertake in-work training in 2017. - checking entitlement to work - Monitoring existing employees - Penalities and problems - How we can help . The Home Office have today released updated guidance for conducting Right to Work checks; the most significant updates contained in this guidance relate to:. 1. In short, the answer is that there will be no significant changes until 1 January 2021, when the new skills-based immigration system will be implemented. The right to work check is imperative to stop illegal working in the UK and it should be in the interest of any business that all appropriate checking is undertaken or else the employer is likely to face severe consequences. The British government website states that "You must check that a job applicant is allowed to work for you in the UK before you employ them.". Main points. We offer the widest range of Right to Work software and services to make compliance simpler, whether you are checking ID documents for a few employees or for thousands. The use by candidates of the Government’s online right to work check service; An amendment to the acceptable document list to remove the requirement that a British birth certificate must be the full (long) certificate. All employees also have the legal right to request flexible and part-time working practices. UK and EU employees working in the UK The rights of UK and EU employees working in the UK will not change from 1 January 2021. In 2017, 26% of employees in the UK said they had taken part in in-work training or education in the previous three months. Many employers will consider that termination is their only option. 4. If you don't already have the legal right to work in the UK, you are still welcome to apply for a job with the University. During the COVID-19 outbreak, some employers have been hiring workers and verifying their ID on the same day, while others have sped up processing to a matter of days. Reduced need for employees (the employer needing fewer employees to carry out work of a particular kind, either across the business or at the particular site where the employee works). Because of COVID-19, some individuals may be unable to evidence their right to work. This service enables UK employers to check the current right to work, in real time, of a person who holds either a biometric residence permit or a biometric residence card, and to see whether they are subject to any restrictions. Failure to meet your duties under the Immigration, Asylum and Nationality Act 2006 can leave your organisation liable to a civil penalty or criminal prosecution if you employ someone who does not have the right to undertake the work in question. Your employer in the UK will need to apply on your behalf. If you’ve already found a job in the UK and been accepted to work, or you have a visa but it prohibits you from working, you may need to obtain a work permit. However, this is partly explained by the growth of zero-hour contracts, which have more than quadrupled over the last decade to 896,000 in 2019. Checking Entitlement to Work . Right to Work checks can vary by employer, but would usually take between 5 and 20 working days. According to the UK Visas and Immigration Enforcement Agency’s quarterly reports, there were 3,089 civil penalties issued to employers for hiring illegal workers in 2016, generating fines of … Give permission to an employer to check your right to work details: the types of job you're allowed to do, when your right to work expires. An employer’s next steps. However, employers need to avoid a knee-jerk reaction and follow a proper process. On 6 Sep 2005 in Employment law, Legal Q&A, Immigration. You will still be protected if your employer becomes insolvent. 3,089 civil penalties issued in 2016. This right had only been available to carers and parents. Under the Immigration, Asylum and Nationality Act 2006, employers are, in some circumstances, obliged to check whether existing employees continue to have the right to work in the UK. In order to avoid allegations of discrimination it is sensible to ensure that you sensitively help potential employees to understand why they are being asked to participate in any additional checks. Do you ask all new employees before they join you to provide evidence of their right to work in the UK, and keep copies of their documentation regardless of their appearance or accent? 1. use the Home Office online right to work checking service (the ‘View a job applicant’s right to work details’ page on gov.uk) in respect of an individual and only employ the person, or continue to employ an existing employee, if the online check confirms they are entitled to do the work in question; 2. According to the Office for National Statistics (ONS), the overall unemployment rate in the UK was 3.9% in May 2020. "The system works on the basis of the individual first viewing their own Home Office right to work record. From this date, you may need to support UK employees travelling to the EU to work to apply for relevant visas and permits in specific EU countries, even if working only for a few days. A right to work check involves checking a document, held by a potential employee, that proves they have the right to work in the UK. As a UK employer, you are required by law to check and record the immigration status of every employee, as it relates to their right to work and live in the UK. We have done some research and compiled some existing statistics to look at how many people are currently working from home, how this affects employee productivity and wellbeing and how much workers are saving by doing this. It remains an offence to knowingly employ anyone who does not have the right to work in the UK. We have a legal responsibility to ensure that all of our workers have the legal right to work in the UK before they undertake any work. Right to work EEA Country Does the employee or prospective employee have a passport from the UK, the European Economic Area (EEA) or Switzerland, or other immigration documents from the Home Office that demonstrate a right to work? This standard outlines the type of checks and documentary evidence which are required in order to verify a candidate's legal right to work in the UK. If an existing employee does not have a permanent right to work in the UK and the employer has to carry out any additional checks, it can lead to feelings of discrimination. Download the right to work checks standard. Checks must be carried out on all prospective employees before they start work regardless of actual or perceived nationality or right to work… Employees’ right to work in the UK. The Immigration, Asylum and Nationality Act 2006 places all UK employers under a statutory duty to prevent illegal working in the UK. Unions have said this does not go far enough, while employer … From 1 January 2021, those without pre-settled / settled status or Euro TLR will need to apply for a visa under the new immigration system to be able to stay in the UK legally. 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