Navigating the intricacies of employment law, particularly concerning immigration, can be challenging for any employer.
However, ensuring compliance with right-to-work regulations is imperative to prevent civil penalty enforcement. This article outlines tips on how an employer can establish a statutory excuse against liability for illegal working civil penalties.
Comply with right-to-work checks
- It is important for HR departments to be familiar with different types of right-to-work checks as set out by the Home Office. These checks can include a manual check, IDVT, or online. Knowing your options is imperative to maintain compliance.
- Consider utilising the IDSP (identity service providers) as this streamlined process can provide a continuous statutory excuse.
Maintain records
- Maintain and store records of the right-to-work checks you have conducted. It is vital to retain clear copies of the documents throughout employment and two years after employment ends.
Set a reminder and follow up.
- If an employee holds leave with a time-limited right to work, ensure you diarise follow up checks are caried out before a statutory excuse expires. Failure to adhere to this requirement will result in liability of a civil penalty.
Maintain your knowledge.
- Immigration rules and regulations are in a state of constant flux. It is important to keep abreast of the latest guidelines issues by the Home Office to ensure compliance.
Obtain external support.
- Experienced lawyers in Immigration & Employment law can provide tailored advice and ensure your HR departments and employees are provided with up to date training to prevent exposure to civil penalties.
- Establishing and pleading a statutory excuse against illegal working civil liabilities requires adherence to the protocols outlined above. Following the above tips employers can mitigate risks and ensure compliance with immigration laws.
The Immigration team at Quastels are highly experienced at advising on UK visa related matters. If you have any questions arising from this article, please do contact us at corporateimmigration@quastels.com
