Overview of Employer Responsibilities

Employers have a legal duty to prevent illegal working by ensuring that all employees possess the correct authorization to perform their roles. This responsibility begins during the recruitment phase and continues throughout the duration of the employment contract.

• Prevention of illegal working: Statutory duties to verify documents.
• Sponsorship duties: Specific obligations for those holding a sponsor license.
• Record keeping: Maintaining accessible and up-to-date personnel files.

Conducting Right to Work Checks

The fundamental pillar of employer compliance is the Right to Work check. Conducting these checks correctly provides a 'statutory excuse' against civil penalties should an employee be found to be working illegally.

Methods of Verification

• Manual Document Checks: For British and Irish citizens, employers must see original documents (like passports) in the presence of the holder.
• Digital Identity Verification (IDVT): Utilizing certified Identity Service Providers for certain passport holders.
• Online Share Code System: For individuals with an eVisa, BRP, or settled status, verification must be done via the official government online service.

Checks must be performed BEFORE employment commences. A retrospective check does not provide a statutory excuse.

Sponsorship License Compliance

Organizations that sponsor foreign nationals under routes such as the Skilled Worker visa have elevated responsibilities. The Home Office operates on a principle of 'earned trust,' and failure to maintain these duties can lead to license revocation.

Key Reporting Requirements

• Change in Circumstances: Reporting if a sponsored worker does not start their job, is absent without permission for more than 10 days, or leaves their employment early.
• Promotion or Salary Changes: Any significant change in job duties or salary must be updated via the Sponsorship Management System (SMS).
• Company Changes: Reporting mergers, takeovers, or changes in business address.

Record Keeping and Monitoring

Maintaining a clear audit trail is essential for passing Home Office inspections. Employers must keep copies of documents for every employee, regardless of their nationality.

• Document Retention: Keeping copies of right to work checks for the duration of employment and for two years after the employment ends.
• Contact Details: Maintaining a history of the employee’s residential addresses and contact information.
• Attendance Monitoring: Implementing systems to track attendance and ensure workers are complying with their visa conditions.

Anti-Discrimination Responsibilities

While fulfilling compliance duties, employers must ensure they do not discriminate. The law requires that right to work checks are applied consistently to all prospective employees, regardless of their race, nationality, or ethnic origin.

• Do not make assumptions about a person's right to work based on their appearance or accent.
• Provide every candidate with the same opportunity to demonstrate their right to work.
• Follow the official Code of Practice on avoiding discrimination.

Penalties for Non-Compliance

Failure to adhere to these legal responsibilities can result in severe consequences for a business, ranging from financial loss to operational shutdown.

• Civil Penalties: Fines of up to £60,000 per illegal worker for repeat offenders.
• License Revocation: Losing the ability to sponsor any current or future international staff.
• Reputational Damage: Being named and shamed in public government reports.
• Criminal Prosecution: In cases where the employer knew or had reasonable cause to believe the person was an illegal worker.