Preventing Illegal Working and Business Immigration

Preventing illegal working is a legal requirement for all businesses employing staff. Employing an illegal worker is both a civil and criminal offence. The maximum penalty for knowingly employing an illegal worker is a 2 year prison sentence and/or an unlimited fine. Should your organisation negligently employ illegal workers, your company may receive a fine of £20,000 per worker.

Your organisation will still be liable even if it was provided with fraudulent documents or was unaware of the law. Only by evidencing to the Home Office that your organisation has carried out the prescribed right to work document checks before, and during employment can your organisation avoid a fine. These checks cannot be outsourced to any third party company.

Don’t forget the employment rights of your employees. Your organisation must also comply with discrimination and unfair dismissal laws. A worker could be awarded unlimited compensation should you discriminate against them within the recruitment process.

WHAT IS THE LAW?

The law is very simple, employ only individuals who have the right to work in the UK. UK and EEA nationals are able to work in the UK without restriction (Immigration, Asylum and Nationality Act 2006). To employ a non-EEA national, you organisation must hold a Sponsor Licence.

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How can we help?

1. Audit

  • Non-sponsor licence holder audit
  • Sponsor licence audit
  • Audit prior to applying for or renewing a sponsorship licence
  • Supplier audit

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2. Sponsor Licence Applications

  • First application
  • Renewal

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3. Civil Penalty Notices

  • Working with the Home Office and UKVI
  • Penalty Notices
  • Appeals

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RESOURCING

We specialise in advising in-house resourcing functions and dedicated recruitment businesses.

People are the single most important asset of a company, and yet the resourcing department is often overlooked in terms of training and support. We advise organisations on how to comply with their legal requirements, whilst attracting the best talent. We are highly recommended by senior HR professionals.

  • Strategic advice to Companies on senior employee terminations
  • Discrimination within the recruitment process
  • Policies and Procedures
  • Complying with Agency Workers Regulations 2010
  • Modern Slavery Act 2015
  • Pre-employment suitability checks
  • Preventing illegal working obligations
  • Preventing Consultants and Self-employed
  • Training