Key Takeaways:
- UK employers must adapt to new right-to-work rules post-Brexit, requiring EEA nationals to hold immigration status.
- Employers face increased penalties, up to £60,000 per worker, urging strict adherence to right-to-work checks.
- Checklist for compliance includes EUSS applications for EEA citizens, updated checks, and prompt action if issues arise.
Understanding the UK Right to Work Changes: A Guide for Employers
In the UK, the way employers verify the right to work of their employees has undergone significant changes. This shift, primarily fueled by the conclusion of Brexit and the end of free movement on December 31, 2020, has brought about updates to the Home Office’s guide on work authorization checks that every employer in the UK should be aware of.
What Are the New Requirements for EEA Citizens?
Previously, European Economic Area (EEA) citizens and their family members could live and work in the UK with just their passports or national identity cards as proof of their right to work. However, following Brexit, these individuals had until June 30, 2021, to apply for status under the EU Settlement Scheme (EUSS) to continue residing legally in the UK.
As an employer, it’s crucial to understand that EEA citizens and their families must now have immigration status, just like other foreign nationals. This means they can no longer rely on their EEA passports or national ID cards as proof of right to work in the UK.
Conducting Right to Work Checks
For employees who started working prior to July 1, 2021, employers who conducted right to work checks do not need to conduct retrospective checks. This compliance ensures that employers maintain their statutory excuse against any liability for civil penalties that were established before this date. It’s worth noting, however, that the Home Office has adopted a less flexible stance towards late applications to the EUSS. Now, individuals who were unaware of the need to apply for the EUSS by the deadline will no longer be accepted as having a “reasonable ground” for a late application.
Employers must now take “appropriate action” if they discover an employee no longer has the right to work. This may involve contacting the UK Visas and Immigration (UKVI) helpline for support or taking steps to terminate the employment.
How Does This Affect Family Members of EEA Citizens?
The guidance also highlights changes for non-EEA family members of EEA citizens, who were previously able to apply for EUSS family permits valid for up to six months. This permit allowed them to join or visit their family member in the UK, with the requirement to apply for the EUSS within approximately three months of arrival.
The recent update changes this dynamic, but employers can still conduct manual checks on valid passports containing an EUSS family permit as a valid document showing the individual’s right to work in the UK for the duration of the permit.
Significant Increase in Penalties for Illegal Working
It’s also essential for employers to be aware of the steep increase in penalties for hiring individuals without permission to work. Penalties have now tripled, rising from £15,000 to up to £45,000 per worker for a first breach and from £20,000 to up to £60,000 per worker for repeated breaches.
To remain compliant and avoid these severe penalties, employers must ensure they carry out right to work checks correctly before the employee commences employment. This diligence affords employers a statutory excuse, protecting them from civil penalties if an employee is found to be working illegally.
Action Steps for Employers
Here’s a concise checklist for employers to remain compliant with the updated right to work checks:
- Ensure all EEA citizens and their family members have applied for the EUSS if required.
- Conduct initial right to work checks in accordance with the updated guidance.
- Take appropriate action if you discover an employee no longer has the right to work.
- Stay informed about the increased penalties for hiring individuals without the right to work and ensure compliance to avoid them.
For more detailed information on conducting right to work checks and understanding your obligations as an employer, visit the official UK government page on checking the right to work.
In conclusion, with the UK’s immigration rules experiencing significant changes, staying informed and compliant is more crucial than ever for employers. By understanding the recent updates to right to work checks and the implications of these changes, employers can ensure they fulfill their legal obligations and avoid hefty penalties. Keeping abreast of these updates will also enable employers to support their employees through changes, ensuring a smooth transition and continued compliance with UK immigration laws.
This Article In A Nutshell:
The UK Right to Work checks for EEA citizens have evolved post-Brexit. Employers must verify employee permits and beware of increased penalties for illegal hiring. Stay compliant by following updated guidelines and taking necessary actions. Understanding these changes safeguards both employees and employers. Stay informed to ensure a smooth transition.
