• Immigration minister ordered to backtrack after causing confusion at home affairs committee
  • Employers will not need to differentiate between EU and British citizens in the event of no-deal Brexit

The immigration minister, Caroline Nokes, has confirmed in a speech made before MPs that employers will not have to make any additional checks on EU nationals to determine whether they have the right to work in the UK in the event of a no-deal Brexit.

The speech follows confusion caused by Ms Nokes when she announced in a session last week that employers would face having to carry out “rigorous checks”. The Home Secretary, Sajid Javid, subsequently reassured businesses that they would not be asked to do anything different than they do at the moment and Ms Nokes was asked to make a speech to clarify the confusion which had been caused.

Currently, employers who employ staff under a contract of employment, service or apprenticeship, whether expressed or implied and whether oral or in writing, must carry out right to work checks in line with home office guidance. There are three key steps to carrying out a right to work check;

  1. Obtain original versions of one or more acceptable documents
  2. Check the document’s validity in the presence of the holder
  3. Copy the document and retain a clear copy recording when the date was made

The documents which are acceptable are listed in ‘Employers Right to Work Checklist’.

Penalties, the maximum of which is £20,000 per worker, may be issued to employers who do not have adequate checking procedures in place or are knowingly hiring illegal workers. We have even seen employers face a significant fine for not putting the date the check was carried out on the documents!

Minden U.K. Limited use Aspire Business Partnership LLP. This firm provide Minden U.K. Ltd with practical and commercially sound advice in relation to all aspects of compliance, business strategy and conflict resolution. Original article can be found on Aspire’s website:

https://www.aspirepartnership.co.uk/News/3223/right-to-work-checks-once-uk-check-out-of-the-eu