Preventing Illegal Working – Revised Government Guidance for Employers

Posted on September 7, 2017

The law on preventing illegal working in the UK means that employers can be liable for civil penalties if they employ staff who do not have the right to work here.  Furthermore there are criminal liabilities if an employer knows or has reasonable cause to believe that they are employing an illegal worker.

Employers can establish a statutory defence against liability for a civil penalty if they carry out prescribed document checks on people before employing them to ensure they are lawfully allowed to work.  Employers cannot rely on a recruitment agent or other third party to do this for them. New guidance for employers has been issued in August 2017 (to replace the 2016 version). Those with responsibility for recruitment should ensure they are familiar with the new guide, carry out appropriate checks on all staff, and maintain adequate records of their checks.

The most significant updates relate to:

  • Advice in respect of the employment of international students
  • Advice concerning volunteers
  • Advice concerning non-European  family members of European nationals

See here for the full details:

https://www.gov.uk/government/publications/right-to-work-checks-employers-guide